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Naveen Panchal vs State Of Nct Of Delhi on 3 October, 2024 cites

State Of Bihar vs Ramesh Singh on 2 August, 1977

9. When the prosecution opens the case against the accused under Section 226 of Cr.P.C. the duty of the court at that stage is culled out from the conjoint reading of sections 227 & 228 of the Cr.P.C.and has Signature Not Verified Digitally Signed CRL.M(M)NO.4372/2024 Page 3 of 14 By:VIKAS ARORA Signing Date:04.10.2024 14:06:39 also been observed by the Supreme Court in State Of Bihar vs Ramesh Singh,AIR 1977 SC 2018, that the Court has to pass an Order either under section 227 or section 228Cr.P.C., in the manner that if there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing, as per section 227;on the other hand, if the Judge is of the opinion that there is a ground for presuming that the accused has committed an offence then"he shall frame in writing a charge against the accused",as provided in Section 228Cr.P.C.To ascertain the same, the court is required to evaluate only the material on record.
Supreme Court of India Cites 11 - Cited by 1190 - N L Untwalia - Full Document

M.E. Shivalingamurthy vs Central Bureau Of Investigation, ... on 7 January, 2020

11. The Supreme Court in M.E. Shivalingamurthy vs. CBI, (2020) 2 SCC 768, has held that "the court has to consider the broad probabilities, the total effect of the evidence and the documents produced before the court, any basic infirmities appearing in the case and so on." Further, the Court also held that "the defence of the accused is not to be looked into at the stage when the accused seeks to be discharged under Section 227 of Code. The expression, "the record of the case",used in Section 227 of Cr.P.C., is to be understood as the documents and the articles, if any, produced by the prosecution."
Supreme Court of India Cites 23 - Cited by 72 - K Joseph - Full Document
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