Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court
3 years, 8 months ago

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court

Live Law  

The Supreme Court observed that defence on merits is not to be considered at the stage of framing of the charge and/or at the stage of discharge application.At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible, the bench comprising Justices DY Chandrachud and MR Shah said.In this case, the Special Court, considering the material. The Supreme Court observed that defence on merits is not to be considered at the stage of framing of the charge and/or at the stage of discharge application. At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible, the bench comprising Justices DY Chandrachud and MR Shah said. The High Court has considered in detail the transcript of the conversation between the complainant and the accused which exercise at this stage to consider the discharge application and/or framing of the charge is not permissible at all, the bench added.

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History of this topic

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
3 weeks, 3 days ago

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and …

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
7 months, 3 weeks ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

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In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 3 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC
2 years, 9 months ago

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

Live Law  

The Delhi High Court has observed that at the stage of framing of a charge, the probative value of materials on record cannot be gone into and that such material brought on record by the prosecution has to be accepted as true at that stage. It said that when the material placed before the court discloses great suspicion against the …

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