A discharge court cannot conduct a mini-trial where charge-sheet materials prima facie support prosecution.

The complainant alleged that on 12 June 2013 the petitioner wrongfully restrained and abused her, slapped her, threatened her, and threw a stone that broke a window, causing damage valued at Rs. 800.

Police investigated and filed a charge sheet for offences under Sections 341, 343, 427, 506 and 504 of the IPC.

The petitioner sought discharge under Section 239 CrPC, contending that the incident had not occurred and that the mahazar was fabricated.

The trial court rejected the application, and the revisional court affirmed that decision.

The petitioner then sought to set aside both orders under Section 482 CrPC.

Under Section 239 CrPC, the court considering discharge assesses the material placed with the charge sheet; it does not conduct a mini-trial at that stage.

Where the charge-sheet material prima facie supports the allegations, their truth and the weight of the evidence are matters for trial.

The petitioner invoked the High Court’s inherent jurisdiction under Section 482 CrPC to seek the setting aside of the orders below.

The alleged offences were under Sections 341, 343, 427, 506 and 504 IPC.

The High Court noted that the charge sheet included statements from the complainant and alleged eyewitnesses, statements of mahazar witnesses, and a photograph of the damaged window.

The material was said to support the allegations and place the petitioner at the scene; the courts below had therefore acted properly in declining to assess disputed claims—such as whether the mahazar was fabricated or the window broke for another reason—as though conducting a trial.

The Court held that these matters required a full trial.

It dismissed the criminal petition, leaving the prosecution to proceed to trial.