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Khimjibhai Merambhai Gabu vs State Of Gujarat on 5 December, 2018 cites

Yogesh @ Sachin Jagdish Joshi vs State Of Maharashtra on 28 April, 2008

8.6 These provisions give ample powers to the Court in assessing the facts, whether, a case for trial has been made out by the prosecution or not. The Judge has powers to shift and weigh the material for the purpose of arriving at a conclusion, whether a prima facie case is made out or not, as held by the Apex Court in the case of 'YOGESH @ SACHIN JAGDISH JOSHI VS. STATE OF MAHARASHTRA', (2008) 10 SCC 394, The test to determine a prima facie case depends on the facts of each case and in this regard it is neither feasible nor desirable to lay down a rule of universal application. By and large, however, if two views are equally possible and the Judge is satisfied that the evidence produced before him gives rise to suspicion only as distinguished from grave suspicion, he will be fully within his right to discharge the accused.
Supreme Court of India Cites 15 - Cited by 309 - D K Jain - Full Document

State Of T.Nadu Tr.Insp.Of Police vs N Suresh Rajan & Ors on 6 January, 2014

8.8 The Apex Court in 'STATE OF T.N. THROUGH INSPECTOR OF POLICE VS. N. SURESH RAJAN & OTHERS', (2014) 11 SCC 709, has held that while considering the powers under Section 228 of the Code, the Court is required to frame the charge, if, it is of the opinion that there is ground for presuming that the accused has committed an offence. For the said purpose, only probative value of the material shall have to be looked into by the Court concerned to cull out, whether, a prima facie case exists against the accused is made out and if yes, it is not a case for discharge. The relevant observations read as under:
Supreme Court of India Cites 16 - Cited by 171 - C K Prasad - Full Document
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