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The State Represented By vs M.R.K.Panneerselvam on 25 April, 2025 cites

State Of Bihar vs Ramesh Singh on 2 August, 1977

39. The Court while considering the question of framing charges under Section 227 Cr.P.C has the power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case has been made out against the accused. The test to determine prima facie case would depend upon the facts of each case. If 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 charges and proceeding with the trial. The probative value of the evidence brought on record cannot be gone into at the stage of framing charges. The Court is required to evaluate the material and documents on record with a view to find out if the facts emerging therefrom taken at their face value disclose the ingredients constituting the alleged offence. At this stage, there cannot be a 21/50 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/04/2025 04:04:42 pm ) Crl.R.C.Nos.583 to 585 of 2016 roving enquiry into the pros and cons of the matter, the evidence is not to be weighed as if a trial is being conducted. Reliance is placed on the Judgment of this Court in State of Bihar v. Ramesh Singh1 where it has been held that at the stage of framing charges under Sections 227 or 228 Cr.P.C., if there is a strong suspicion which leads the Court to think that there is ground for presuming that the accused had committed the offence, then the Court should proceed with the trial.
Supreme Court of India Cites 11 - Cited by 1190 - N L Untwalia - Full Document
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