remembered that the case was at the stage of framing charges; the prosecution evidence had not yet commenced. The Magistrate had therefore, to consider ... proposes to adduce are not to be meticulously judged. The standard of test, proof and judgment which is to be applied finally before finding
that a person who is forced to
undergo these tests may not subsequently face
criminal charges. In this context, Article 20(3)
will not apply ... person
could be subjected to any of the impugned tests
but not exposed to criminal charges and the
possibility of conviction. In such cases
Court cannot sift the evidence
one way or the other and test the worthiness of the
prosecution material at the stage of considering an
application ... case of this nature
cannot be tested and discussed at the stage of
framing of charges. Statement under Section 164 of
Cr.P.C. having
corroborating evidence and circumstances to prove the charges against the accused persons.
37. The law regarding the test to assess the quality of oral evidence
withdrawing prosecution in a
Sessions Trial arising out of heinous and grave charges invite a decision
to be delivered in public interest ... lift the prosecution of a crime
involving heinous and grave charges requires to be tested by a
Constitutional Court in appropriate circumstances. In this connection
nonetheless, proceeded to hold that
the charges have been proved partially, as he has failed to arrange for test
identification parade and recording ... charges are not
proved. It is settled law that in a departmental proceeding, it is for the
Department to prove the charges levelled against
facie.
30. Applying the above tests, we are of the considered opinion that
High Court erred in quashing the charges framed by the order
dated
facie.
30. Applying the above tests, we are of the considered opinion that
High Court erred in quashing the charges framed by the order
dated
compatible with the innocence of the
accused or not. The final test of guilt is not to be applied at
that stage.
(Downloaded ... facie.
30. Applying the above tests, we are of the
considered opinion that High Court erred in quashing
the charges framed by the order dated
Arising out of SLP (Crl.) No. 6381 of 2020)
The test as laid down by the Constitution Bench of
this Court for invoking power under ... power cannot be exercised in a casual and cavalier
manner. The test to be applied, as laid down by this Court,
is one which
