accused ought not to have been summoned and that the charge was groundless, it should not abstain from discharging them only on the ground that ... view that accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only
stage of the trial if he considers the charge to be groundless, but that does not mean that the accused cannot approach the High Court ... that the magistrate could discharge them if he found the charge to be groundless and at the same time it has itself returned the finding
arises when "the Magistrate considers the charge against the accused to be groundless." The power to discharge is exercisable under ... accused has been made out or to hold that the charge is groundless.
So far as earlier order dated 31.05.2016 passed by this Court
such examination and hearing, the Magistrate considers the charge to be groundless, he would discharge the accused and record his reasons for so doing ... previous stage of the case, if he finds the charge to be groundless".
Per contra learned counsel for the CBI contends that adjudication proceedings
only thing needs to be considered is whether the allegation/charge found to be groundless. In the case of Om Prakash Vs. State ... held that "the real test for determining whether the charge should be considered groundless is that where the materials are such that even
opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons
worth trial and it is a case where the charge against him is groundless within the meaning of Section 227 of the Code of Criminal ... prosecution on the basis of which the revisionist has been charge-sheeted, is without permission of the Magistrate as required under Section 311A
Bhartendu Pratap Singh vs State Of U.P. Thru. Prin. Secy. Home And ... on 29
M/S Dabur India Ltd vs The Commissioner Of Trade Tax, U.P., ... on 10
M/S Sumac International Ltd. ... vs The State Of U.P. & Anr. [At 1
