that the charge sheet against the accused
(3-5) is groundless because a charge is not an accusation in abstract
but a concrete accusation ... triable, he shall frame in writing charge against the accused. For
framing the opinion whether charge is groundless or whether there
are means to presume
would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent ... discharge the accused, if it were moved to consider the charge groundless under Sections 239 or 227 of the Code, as the case
such consideration, examination and hearing the Magistrate finds the charge groundless he has to discharge the accused in terms of Section ... opportunity of being heard, if the Magistrate considers the charge against the accused to be groundless, the accused is liable to be discharged by recording
previous
stage of the case, if he finds the charge to be groundless.
15. Essentially, the applicable Sections are Section 244 and
245 Criminal Procedure ... Section 245
(2) Criminal Procedure Code, on the ground that the charge
was groundless.
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
21. However, the real difficulty arises in the Trial
stretch of imagination can it be
said that the charge is groundless. The observations and the conclusions by
the Magistrate and the learned Sessions Judge ... Courts below
and do not find that the charge to be groundless.
::: Uploaded on - 06/12/2019 ::: Downloaded on - 07/12/2019
that stage and the accused should be discharged
if the charge is found groundless. The court should
not wait till the prosecution evidence is concluded ... 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
rashness or
negligence on the part of the petitioner. The charge is groundless. He
deserves to be discharged.
8. The learned advocate for the petitioner ... facie reveal any substance to
proceed against the petitioner. The charge is indeed groundless within
the meaning of Section 239 of the Code of Criminal
claim
petitioner that he is being implicated. The charge is
clearly groundless and the petitioner deserves to be
::: Uploaded on - 22/01/2019 ::: Downloaded ... stretch of
imagination can it be said that the charge is groundless.
The learned Member of the Tribunal has conducted a
preliminary inquiry
reasons to be recorded by such
Magistrate, he considers the charge to be
groundless."
9. A bare perusal of the aforesaid provisions ... material coming on the record, the Court cannot assume
that the charge is groundless.
10. Under sub-section (1) of Section
that going by the material with the charge-sheet, it cannot be said
that the charge is groundless. In the F.I.R. lodged ... trial.
At this juncture it cannot be said that the charge is groundless.
12. The Criminal Revision Application is dismissed. The rule is
discharged.
[MANGESH
