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1 - 10 of 24 (0.61 seconds)Section 239 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 245 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 244 in The Code of Criminal Procedure, 1973 [Entire Act]
R.S. Nayak vs A.R. Antulay & Anr on 17 April, 1986
In view of the above law laid down by the Hon'ble
Supreme Court, at the stage of framing of charge, the Court is only to
see whether prima facie case is made out or not and not to consider
whether this evidence produced on the record will lead to conviction or
not. As regarding the law cited by learned counsel for the revision
petitioner, in none of the case, it has been held that at the time of
framing of charge, the Court is not to see prima facie case. The law
cited by learned counsel for the petitioner is on other points.
Therefore, the judgments cited by learned counsel for the petitioner
are having distinguished facts and will not apply in the present case.
Sanghi Brothers (Indore) Pvt.Ltd vs Sanjay Choudhary & Ors on 3 October, 2008
I have gone through this judgment and it fully applies to
the facts of the present case. As per above cited judgment, the Court
is to see only, whether prima facie case is made out or not and not to
see that if this evidence would remain unrebutted, will lead to
conviction or not, at this stage. On the same point, learned counsel
for respondent also cited judgment passed in Sanghi Brothers
(Indore) Pvt. Ltd. vs. Sanjoy Choudhary and others, AIR 2009 SC
9, in para Nos.8 and 10 of which, it is held as under:-
State Of Tamil Nadu vs N.S. Raja & Company on 22 October, 1990
Learned counsel for the respondent has further cited
Gulati Vineet
2014.03.07 10:24
I attest to the accuracy and
integrity of this document
Chandigarh
CRR No.3590 of 2013 -8-
judgment passed in Criminal Appeal No.22-23 of 2014 titled as
State of Tamil Nadu vs. N.Suresh Rajan and others and
connected appeal decided on 06.01.2014 , in para No.22 of which, it
is held as under:-
State Of Karnataka vs L. Muniswamy & Ors on 3 March, 1977
In State of Karnataka v. L. Muniswamy
MANU/SC/0143/1977 : 1977CRiLJ1125 it was noted that at the
stage of framing the charge the court has to apply its mind to
the question whether or not there is any ground for presuming
the commission of offence by the accused. (Underlined for
emphasis). The Court has to see while considering the
question of framing the charge as to whether the material
brought on record could reasonably connect the accused with
the trial. Nothing more is required to be inquired into.
Stree Atyachar Virodhi Parishad Etc. ... vs Dilip Nathumal Chordia & Anr on 8 February, 1989
(See
Stree Atyachar Virodhi Parishad v. Dilip Nathumal Chordia
MANU/SC/0573/1989 : [1989] 1SCR560 and State of West
Bengal v. Mohd. Khalid MANU/SC/0154/1995 : AIR
1995SC785.