Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

The Kerala High Court has clarified that a judge, when deciding on a discharge application under Section 239 of the CrPC, cannot engage in a roving inquiry into the merits of the case. Section 239 allows for discharge if the charges against an accused are not substantiated by evidence. The court emphasized that at this stage, the judge's role is limited to assessing whether there is sufficient ground to proceed with the trial rather than evaluating the evidence in detail. This decision underscores the principle that discharge is to be based on a preliminary assessment, not a comprehensive examination of the case.