been properly
explained the Court will be fully justified in framing a charge and
proceeding with the trial.
(3) The test to determine a prima ... ordered, when the Court considers the charge against the accused to be
groundless. The power to discharge is exercisable under Section 245(1) when
Section 420 read with 34 of IPC , which
had culminated into a charge sheet, after investigation, in
CC.No.212/2006.
b) At the stage ... discharge
petitions, by observing that the charge framed against the accused is
http://www.judis.nic.in
4
groundless. Aggrieved by the said common order
being so, the Petitioner or
the Officers of the Bank cannot be charged for the offences alleged and that
when there are no legal grounds ... ought to have discharged the accused, stating that the charge
against the accused was groundless.
8. Per contra, the learned Special Public Prosecutor
respondents/accused despite being unrebutted and being
found the charge to be groundless by recording valid reasons had
discharged the respondents/accused under Section
accused an opportunity of being heard considers the charge against the
accused to be groundless, he shall discharge the accused, and record his
reasons
Petitioner herein/A2 is concerned, she was
charge sheeted for the offences under Sections 109 of IPC read with
13(2) read with ... believe that the charges levelled
against the Petitioner/A2 was groundless and that the Respondent had
made out a prima facie case to proceed
order to find out whether or not the allegations made are
groundless so as to pass an order of discharge. It is trite that ... materials on record on its probative
value, it can frame the charge; though for conviction, the Court has
to come to the conclusion that
order to find out whether or
not the allegations made are groundless so as to pass
an order of discharge. It is trite that ... materials on record on its probative value,
it can frame the charge; though for conviction, the
Court has to come to the conclusion that
order to
find out whether or not the allegations made are groundless so as to
pass an order of discharge. It is trite that ... materials on record on its probative
value, it can frame the charge; though for conviction, the Court has to
come to the conclusion that
