support of the prosecution, but only on the basis that the charge is groundless. For this reason, the learned Judge refused to interfered with ... before framing a charge whenever the accusation or charge upon which the accused is brought to Court is found to be groundless
does not furnish basis for framing charge, it will be a
case of charge being groundless, so he has no option but to discharge ... stage of framing charge if the facts so justify.
69. The real test for determining whether the charge should be considered
groundless under Section
there is no merit in the contention that the
charge levelled against the petitioner is groundless on
the face of materials available on record. Hence
reasons to be recorded by such Magistrate, he considers the charge to be groundless. The learned Magistrate, he further submitted, discussed in the impugned order ... pass an order of discharge only if, in his opinion, the charge was groundless. Now, to arrive at such a finding, specially when the records
evidence before him comes to the conclusion that the charge is groundless, then it is indicated that he should discharge and not commit for trial ... charge. That will be a case of there being no evidence of the charge at all and not a case of the charge being groundless
discharge the accused. For coming to the conclusion that the charge is groundless, there must be some material before him. He cannot simply by going ... reproduced above, were by themselves sufficient to hold that the charge was groundless. They observed that the learned Magistrate seemed to have believed that
Code, the Magistrate has to come to a finding that the charge is groundless. The Magistrate can take decision to discharge the accused under Section ... Code, if moved by the accused, is that whether the charge is groundless or not ? The Magistrate can discharge the accused even when he appears
sufficient to frame a charge against the accused, and concluded by saying that the charge against the accused was groundless. The Sessions Judge took ... Daphtary and Mr. Sibal to attempt to convince me that that charge was groundless, I am, however, not deciding the present revision application on that
magistrate considers the charge against the accused to be groundless." A charge has to be farmed u/s 240 if on such consideration ... sufficient ground for proceeding while section 239 talks of the charge being groundless. While there may be variations intern se between these two sets
previous
stage of the case if it considers that the charge is groundless. He further
submitted that procedure to be followed for the cases instituted ... court can discharge the accused if the court considers that the charge is
groundless. He further submitted that if the accused is not discharged either
