offence.
Xxxxx
69. The real test for determining whether the charge should
be considered groundless under Section 239 of the CrPC is that
whether ... stage of Section 239/240 is as to whether
the allegation/charge is groundless.
73. This would not be the stage for weighing the pros
offence.
Xxxxx
69. The real test for determining whether the charge should
be considered groundless under Section 239 of the CrPC is that
whether ... stage of Section 239/240 is as to whether
the allegation/charge is groundless.
73. This would not be the stage for weighing the pros
offence.
Xxxxx
69. The real test for determining whether the charge should
be considered groundless under Section 239 of the CrPC is that
whether ... stage of Section 239/240 is as to whether
the allegation/charge is groundless.
73. This would not be the stage for weighing the pros
offence.
Xxxxx
69. The real test for determining whether the charge should
be considered groundless under Section 239 of the CrPC is that
whether ... stage of Section 239/240 is as to whether
the allegation/charge is groundless.
73. This would not be the stage for weighing the pros
charged. The obligation to
discharge the accused under section 239 arises when
the magistrate considers the charge against the
accused to be groundless. The real ... test for determining
whether the charge is groundless is to find out that the
materials available on record, even if un-rebutted,
would not make
charged. The
obligation to discharge the accused under section 239
arises when the magistrate considers the charge against
the accused to be groundless. The real ... test for
determining whether the charge is groundless is to find
out that the materials available on record, even if un-
rebutted, would not make
accused to be groundless. The real
test for determining whether the charge is
groundless is to find out the materials available
on record, even ... even a suspicion about commission of
offence, the charge cannot be stated to be
groundless.
It is well settled that at the stage
extra ordinary remedy and can only be followed in case the charge is
groundless, however there is nothing on record which could suggest that ... charge is groundless.
12. Ld. Trial court vide impugned order dated 31.05.2016 negativated the
contention of the accused Sanjay Awasthi that summons were issued
charged. The obligation to
discharge the accused under section 239 arises when
the magistrate considers the charge against the
accused to be groundless. The real ... test for determining
whether the charge is groundless is to find out that the
materials available on record, even if unrebutted,
would not make
previous stage of
the case if he considers the charge to be groundless. Reference in this
regard may be made to a decision ... being caused
due to a proceeding which is based on a groundless charge. In the matter
of Lamba Vs. Tarun
