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1 - 5 of 5 (0.18 seconds)State Of Chhattisgarh vs Indira Bai 4 Wpc/1549/2016 Prakash ... on 29 January, 2018
2. The present application has been preferred challenging the chargesheet dated 31.08.2024 and cognizance order dated 24.09.2024 passed in Criminal Case No.85592 of 2024 (State Vs. Reema Yadav and another), arising out of Case Crime No.248 of 2024, under Section 318(4), 319(2), 336(3), 338, 340(2) BNS and Section 7/13, 4/13 of Sarvajanik Pariksha Adhiniyam, Police Station Lanka, District Varanasi, pending in the court of learned Additional Chief Judicial Magistrate-III, Court No.3, Varanasi.
S.W. Palanitkar And Ors vs State Of Bihar And Anr on 18 October, 2001
In judgment rendered by Hon'ble Apex Court in case of S.W. Palanitkar and Others v. State of Bihar and Another; (2002) 1 SCC 241, it was held that the test which was required to be applied was whether there is "sufficient ground for proceeding" and not whether there is "sufficient ground for conviction".
Nupur Talwar vs Cbi & Anr on 7 June, 2012
In the case of Nupur Talwar v. Central Bureau of Investigation and Another; (2012) 11 SCC 465, it was reiterated that the limited purpose of consideration of material at the stage of issuing process being tentative as distinguished from the actual evidence produced during trial, the test to be applied at the stage was whether the material placed before the Magistrate was "sufficient for proceeding against the accused" and not "sufficient to prove and establish the guilt". At the stage of taking cognizance, a court's primary focus is to determine if a prima facie case exists, meaning whether there is sufficient evidence to suggest that an offense has been committed, and not to delve into the merits of the case or the evidence.
Kailash Nath & Anr vs State Of U.P. & Ors on 22 February, 1957
7. The aforementioned legal position has also been considered in a recent decision of this Court in the judgment dated 6.5.2024 passed in Matters under Article 227 no. 3254 of 2024 (Kailash and another vs. State of U.P. and another).
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