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Mr. Jayant Budhiraja vs State on 12 November, 2024 cites

Dipakbhai Jagdishchndra Patel vs The State Of Gujarat on 24 April, 2019

"23. At the stage of framing the charge in accordance with the principles which have been laid down by this Court, what the Court is expected to do is, it does not act as a mere post office. The Court must indeed sift the material before it. The material to be sifted would be the material which is produced and relied upon by the prosecution. The sifting is not to be meticulous in the sense that the Court dons the mantle of the Trial Judge hearing arguments after the entire evidence has been adduced after a full-fledged trial and the question is not whether the prosecution has made out the case for the conviction of the Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.M.C. 6230/2018 Page 5 of 14 Signing Date:21.11.2024 10:42:29 accused. All that is required is, the Court must be satisfied that with the materials available, a case is made out for the accused to stand trial. A strong suspicion suffices. However, a strong suspicion must be founded on some material. The material must be such as can be translated into evidence at the stage of trial. The strong suspicion cannot be the pure subjective satisfaction based on the moral notions of the Judge that here is a case where it is possible that accused has committed the offence. Strong suspicion must be the suspicion which is premised on some material which commends itself to the court as sufficient to entertain the prima facie view that the accused has committed the offence."
Supreme Court of India Cites 42 - Cited by 222 - K Joseph - Full Document
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