The State Of Madhya Pradesh vs Deepak on 13 March, 2019
20. The observations of the Supreme Court of India in the case of
Deepak (supra) are reproduced below:-
Search Results Page
Search Results
1 - 2 of 2 (0.16 seconds)State Of Rajasthan vs Fatehkaran Mehdu on 3 February, 2017
7.1 In the case of Deepak (supra), to which one of us (Dr. Justice D.Y.
Chandrachud) is the author, after considering the other binding decisions of this
Court on the point, namely, Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460;
State of Rajasthan v. Fatehkaran Mehdu, (2017) 3 SCC 198; and Chitresh Kumar
Chopra v. State (Government of NCT of Delhi), (2009) 16 SCC 605, it is observed
and held that at the stage of framing of charges, the Court has to consider the
material only with a view to find out if there is a ground for "presuming" that the
accused had committed the offence. It is observed and held that at that stage, the
High Court is required to evaluate the material and documents on record with a
view to finding out if the facts emerging therefrom, take at their face value,
disclose the existence of all the ingredients constituting the alleged offence or
offences. It is further observed and held that at this stage the High Court is not
required to appreciate the evidence on record and consider the allegations on
merits and to find out on the basis of the evidence recorded the accused charge-
sheeted or against whom the charge is framed is likely to be convicted or not .
1