Magistrate or
Sessions Judge came to conclusion that it is groundless, based on
charge sheet and documents filed under Section ... when the material
on record is not sufficient and framing of charge is groundless, the
Court cannot proceed, since it would amount to harassment
Magistrate or
Sessions Judge came to conclusion that it is groundless, based on
charge sheet and documents filed under Section ... when the material
on record is not sufficient and framing of charge is groundless, the
Court cannot proceed, since it would amount to harassment
Magistrate or
Sessions Judge came to conclusion that it is groundless, based on
charge sheet and documents filed under Section ... when the material
on record is not sufficient and framing of charge is groundless, the
Court cannot proceed, since it would amount to harassment
there is
ground for presuming commission of offence or
whether the charge is groundless. The trial court
is required to see whether a prima facie ... that the accused has
20
committed an offence, the charge must be
considered as groundless."
Scope of producing materials by accused at the stage
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
Code of
Criminal Procedure. It was observed that if the charge is found
groundless on the face of the record the accused is entitled ... accused an opportunity of being heard, the Court considers the
charge against the accused groundless, he shall be discharged.
The other decisions relied upon
granting anticipatory bail, is
.
satisfied that such a charge appears to be false or groundless.
Circumstances may justify grant of anticipatory bail in cases such ... leading to the discovery
of a fact, having a bearing on the charge which may be made against him, he
may appropriately be deemed
leading to submission of the second
charge sheet cannot be said to be groundless for applying the
provision under Section ... case, can become a ground for holding the
charge against these petitioners to be groundless for the purpose
of discharge under section
leading to submission of the second
charge sheet cannot be said to be groundless for applying the
provision under Section ... case, can become a ground for holding the
charge against these petitioners to be groundless for the purpose
of discharge under section
leading to submission of the second
charge sheet cannot be said to be groundless for applying the
provision under Section ... case, can become a ground for holding the
charge against these petitioners to be groundless for the purpose
of discharge under section