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
accused ought not to have been summoned and that the charge was groundless, it should not abstain from discharging them only on the ground that ... view that accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only
application
under Section 245(2) CrPC on the
ground that the charge was groundless.
24. Now, there is a clear difference
in Sections ... CrPC, the
Magistrate has to come to a finding that
the charge is groundless. There is no
question of any consideration of evidence
at that
Salam,
Inspector, CBI, himself investigated into the crime and filed charge
sheet. In such case, what is the prejudice caused to this
petitioner/accused ... affirmative, the petitioner is entitled to be discharged,
since the prosecution is groundless.
An identical question about the competency of the
Investigating Officer came
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
Satish Prabhu himself
investigated into the crime and filed charge sheet. In such case,
what is the prejudice caused to this petitioner ... affirmative, the petitioner
is entitled to be discharged, since the prosecution is groundless.
An identical question about the competency of the
Investigating Officer came
application
under Section 245(2) CrPC on the ground that the charge was
groundless.
25. The situation under Section 245(2) CrPC is, however,
different ... CrPC, the Magistrate has to come to a finding that
the charge is groundless. There is no question of any consideration of
evidence at that
furnish basis for
framing charge, it will be a case of charge being
groundless, so he has no option but to discharge the
accused. Where ... stage of framing
charge if the facts so justify.
The real test for determining whether the charge should
be considered groundless under Section
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
