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Angrez Chand Age 35 Years vs Union Territory Of Jammu And Kashmir on 20 March, 2024 cites

Union Of India vs Prafulla Kumar Samal & Anr on 6 November, 1978

06. The learned trial Court has correctly observed the point of law in paragraph 23, where it has stated that a prima facie case is required to be 5 Crl R No. 22/2021 looked into at the stage of framing charge, which may raise a strong suspicion. While giving its reasons, the learned trial Court has also discussed the judgment of the Supreme Court in "Union of India Vs. Prafulla Kumar Samal, reported in AIR 1979 SC 366", wherein the Supreme Court, in that landmark judgment related to framing of charges, has held that even at the stage of framing of charges, the trial Court is not a post office of the prosecution to blindly accept what is given in the charge sheet and fame charges only on the basis of the allegations in the charge sheet, but must sift and weigh the evidence for the limited purpose of assessing whether a prima facie case is made out against the accused or not, which may raise strong suspicion of his involvement in the offence and that an issue to proceed with the trial exists.
Supreme Court of India Cites 14 - Cited by 1736 - S M Ali - Full Document
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