spent on
physiotherapy and for tests, investigation charges and buying the medicines
prescribed by the doctors for his treatment, out of which he could obtain ... spent on physiotherapy and for tests, investigation
charges and buying the medicines prescribed by the doctors for her treatment, out
of which she could obtain
laid down
the following test for framing of charges:
"30. In Antulay case [ R.S. Nayak v. A.R. Antulay ... having analysed the object as well as the test for framing of
charges, it is pertinent to refer to the scope of revision as exercisable
light of the above, one has to test the charges
framed and impugned in this appeal. The second charge as framed
by the Trial Court
during the period 26.11.2012 to
12.12.2012 for various medical tests, room charges, wheel
chair etc. the said bills also also part ... Injuries Centre for the purpose of follow-up check up, various
medical tests, physiotherapy etc. Hospital had issued bills for
the treatment/service provided
1291] not only agreed with the above
statement but also applied the test of prejudice. He
observed:
"A great many arguments might have
been ... Court of
Appeal too applied the test of prejudice in enhancement of
toll charges over a bridge. The Act provided for a public
hearing before
appeal against an order framing charges, the
Act works serious injustice to the accused."
19. Applying the above tests it was held in Para ... Applying these tests to the order impugned we find that the
order framing the charges is purely an interlocutory order as
it does not terminate
trial. The Supreme Court has laid down a test for
framing of the charges under Section 228 of the Code of Criminal Procedure
form the same transaction.
26. In testing the validity of the joinder of charges, what is relevant is the accusation made by the prosecution ... tested - tested by the laws of the land which are the quintessence of experience of life; if it is oral evidence it must be tested
alleged has been done or completed. Applying that test the joinder of charges is manifestly improper.
29. But the main point in the argument ... individuals. And it was found upon the charges framed that they were incompetent. In dealing with the tests to ascertain whether the acts were part
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
