Legal Question in Criminal Law in India

A precedent has to be read completely and ratio is binding on lower court.

The above lines appear in the last para of the judgement and does not appears to be ratio for deciding a discharge application.

As per settled law, the trial court is required to consider the ENTIRE MATERIAL placed on record by the prosecution; and the defence is not entitled to produce any material at the stage of charge. The judgement you have cited may be between the parties of that case in a specific situation. However, appropriate opinion may depend after perusing complete facts of both cases - your case and the case you have mentioned. Therefore, you lawyer defending you in trial court should be able to guide you better.

You are welcome to send me your documents by e-mail for appropriate opinion.

After my answer above, I read the complete judgement cited by you. The following observatons of the Hon'ble Supreme court are not applicable at the stage of framing charge but only at the stage of conclusion of trial. You have misunderstood these observations :

"...... the trial judge is free to analyse, appreciate, evaluate and arrive at a proper conclusion based on the materials being placed by prosecution as well as the defence".

If you read the entire judgement, you will find that the order framing charge by trial court has been upheld by the Hon'ble Supreme Court and the trial court has been directed to conclude the trial expeditiously since it is an incident of 1984.

The argument of Mr U.U.Lalit, counsel for the appellant, that the closure report of Delhi police should be accepted, has not been accepted by the Hon'ble Supreme Court.

Therefore, your application u/s 227 of Cr. P. C. for consideration of a document produced by you may not be maintainable. However, you need to draw pointed attention of the court to any material on record, produced by the prosecution, which goes in your favour to seek discharge.

i agree with my colleagues.