cannot be said to be a circumstance which would make the
charge groundless.
13. Apparently, the certificates tendered by the candidates who
are co-accused ... charge-sheet the report of the hand
writing expert was not forth coming, the charge could not have been
said to be groundless
there is no merit in the contention that the
charge levelled against the petitioner is groundless on
the face of materials available on record. Hence
does not furnish basis for framing charge, it will be a
case of charge being groundless, so he has no option but to
discharge ... stage of framing charge if
the facts so justify.
72. The real test for determining whether the charge
should be considered groundless under Section
being heard, there is no case
against the accused and the charge is groundless, he shall
be discharged. The Magistrate shall record the reason ... being heard, there is no case
against the accused and the charge is groundless, he shall
be discharged. The Magistrate shall record the reason
does not furnish
basis for framing charge, it will be a case of charge
being groundless, so he has no option but to
discharge ... stage of
framing charge if the facts so justify.
69. The real test for determining whether the charge
should be considered groundless under Section
Guhal.
6.Having regard to the fact that the offences, for which
charge-sheet was submitted in the instant case and
cognizance taken, were triable ... such consideration,
examination and hearing the Magistrate finds the charge
groundless he has to discharge the accused in terms of
Section 239 CrPC; conversely
offence is made out, it would amount to a charge being groundless.
17. In Century Spinning and Manufacturing Co. Ltd. v. State of Maharashtra ... also after hearing both sides, the Magistrate considers the charge to be groundless, he must discharge the accused. This sub-section has to be read
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
that should have been passed by the Magistrate was that the charge was groundless and hence he should have discharged the accused of the aforesaid ... rightly came to the conclusion that the prosecution for the offence charged was groundless. Order of discharge made by him was eminently just and fair
previous stage of the case if he considers the charge to be groundless, is an exception to that rule. A discharge without considering the evidence ... under Section 239 of the Cr.P.C, holding that the charge was groundless. The complainant questioned that order before the Revisional Court which directed
