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Showing contexts for: standard code in Maheshwar Yadav vs The State Of Bihar & Ors on 17 June, 2014Matching Fragments
Different standards are required to be applied at different stages. Whereas the Patna High Court Cr. Misc. No. 34996 of 2011 (9) dt. 17-06-2014 test of prima facie case may be sufficient for taking cognizance of an offence at the stage of framing of charge, the court must be satisfied that there exists a strong suspicion. While framing charge in terms of Section 227 of the Code, the court must consider the entire materials on record to form an opinion that the evidence if unrebutted would lead to a judgment of conviction. Whether a higher standard be set up for the purpose of invoking the jurisdiction under Section 319 of the Code is the question.