DIPAKBHAI JAGDISHCHANDRA PATEL versus STATE OF GUJARAT AND ANOTHER

DIPAKBHAI JAGDISHCHANDRA PATEL versus STATE OF GUJARAT AND ANOTHER

There was no recovery from the residence of the appellant and no admissible material apart from the statement of co-accused, which is not substantive evidence under law. Statement made by co-accused to police is inadmissible; therefore, charges cannot be framed against the appellant and he is entitled to discharge under Section 482 CrPC.

Parties
Appellant: Dipakbhai Jagdishchandra Patel; Respondents: State of Gujarat and Another
Jurisdiction
India
Judgment Date
24 April 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Rejecting Discharge Application Under Section 482 Cr PC
Outcome
Appeal allowed; Appellant discharged
Legal Topics
Discharge of Accused, Admissibility of Statements, Confession and Admission, Framing of Charge, Counterfeit Currency Offences
Criminal Law Law of Evidence Discharge of Accused Admissibility of Statements Confession and Admission Framing of Charge Counterfeit Currency Offences

Case Brief

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Parties

Dipakbhai Jagdishchandra Patel

Appellant

State of Gujarat and Another

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Rejecting Discharge Application Under Section 482 Cr PC

Legal Issues

  1. 1 Whether the statement of a co-accused alone is sufficient to frame charges and proceed against the appellant
  2. 2 Admissibility of confessions and admissions made to police officers under the Evidence Act and CrPC
  3. 3 Applicability of Section 482 CrPC for discharge at pre-trial stage

Ratio Decidendi

There was no recovery from the residence of the appellant and no admissible material apart from the statement of co-accused, which is not substantive evidence under law. Statement made by co-accused to police is inadmissible; therefore, charges cannot be framed against the appellant and he is entitled to discharge under Section 482 CrPC.

Court Disposition

Appeal allowed; Appellant discharged

Orders

  • The order framing charge against the appellant is set aside.
  • Appellant stands discharged from the proceedings.