Karan Yadav And Anr. Etc. vs Union Of India (Uoi) And Anr. on 22 April, 2000
In the matter of State of J. & K. v. Romesh Chander (1997) 1 SCC 90 : AIR 1997 SC 2401 the Apex Court has held as under (Para 7 of AIR) :-
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State Of J. & K vs Romesh Chander & Ors on 27 November, 1996
Rakesh Kumar vs State on 13 September, 1999
5. It is well settled that at the stage of framing of charge, the Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence. (Union of India Vs. Prafulla Kumar Samal and another, ; State of Jammu and Kashmir Vs. Romesh Chander and others, ). A charge cannot be framed merely on the ground that the accused has no objection against framing of a charge.
Ashok Kumar Singh vs The State Of Bihar And Anr. on 23 February, 2007
7. Then the Apex Court in the case of State of Jammu & Kashmir v. Romesh Chandra and Ors. has observed that it is now settled law that the charge sheet constitutes prima facie evidence constituting the offence for proceeding further in the matter. Necessarily, therefore, the court has to look into the relevant law and the allegations made in the charge sheet and then consider whether any offence has been committed to frame charges for trial before discharging the accused.
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