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Documents citing Asim Shariff vs National Investigation Agency on 22 November, 2018

Kamta Prasad @ K.P. Jaiswal vs The State Of Madhya Pradesh on 26 September, 2022

It is settled that the Judge while framing charge has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the material placed before the Court discloses grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing the charge. At the admission stage though the Judge is not required to meticulously judge the evidence proposed to be adduced by the prosecution, but he is expected to exercise its judicial mind to determine the total effect of the evidence and the documents produced, to find out as to whether a prima facie case against the accused is made out or not. Needless to say, any such evidence and documents relied upon by the prosecution should be admissible under the law of evidence, as no inadmissible evidence or document can be taken into account for the purpose of framing the charge. [See (2019) 7 SCC 148 Asim Shariff vs National Investigation Agency, (2018) 13 SCC 455 State Of Karnataka vs Selvi J. Jayalalitha and others, (2013) 11 SCC 476, Sheoraj Singh Ahlawat 7 and others vs. State Of U.P. and another and (2012) 9 SCC 512, CBI, Hyderabad vs K. Narayana Rao].
Madhya Pradesh High Court Cites 18 - Cited by 2 - N Dubey - Full Document
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