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
ordered when the Magistrate considers the charge against the accused to be groundless. The power to discharge is exercisable under Section 245(1) when ... empowered to discharge the accused if he considers charge against accused to be groundless. The consideration of the learned Judicial Magistrate depends upon police report
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
unless some material was tendered
before him to show that the charge was groundless,
it would be impermissible to have him to come to
contrary ... 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
Magistrate or Sessions Judge came to
conclusion that it is groundless, based on charge sheet and documents filed
under Section ... previous stage of the
case if he considers the charge to be groundless. On both sub-sections he is
obliged to record his reasons
this ground.
Now coming to the point of charge at the stage of framing
charge, the trial court is required to consider whether there ... opinion that nothing is on the record to presume if the
charge is groundless. It is for the petitioner to establish that
ground for presuming commission of offences exists or whether the
charge is groundless; whether a prima facie case pertaining to the
::: Uploaded ... opportunity of being heard, the Magistrate considers the
charge against the accused to be groundless, he shall
discharge the accused, and record his reasons
ground for presuming commission of offences exists or whether the
charge is groundless; whether a prima facie case pertaining to the
::: Uploaded ... opportunity of being heard, the Magistrate considers the
charge against the accused to be groundless, he shall
discharge the accused, and record his reasons
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 him.
(3) If, upon such documents being ... evident that if after examination
and hearing, the Magistrate finds the charge as groundless, the Court shall
discharge the accused and in case Magistrate
