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MOHD. FAIZ ALAM KHAN
Abhay Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Mohd. Faiz Alam Khan, J.
Heard Mr. Anuj Pandey, learned counsel for the applicants, as well as Shri. Rajesh Singh, learned A.G.A., for the State, and perused the record, including the case diary.
2. The applicants, by means of the instant application under Section 482 CrPC, have challenged the order dated 21.12.2023 passed by the learned Judge, Small Causes/Special Court, MPMLA, Ayodhya in Case No.879 of 2023, arising out of case crime no.0471 of 2017, under Sections 188 IPC read with Sections 126-A and 127 of the Representation of the People Act, 1951 lodged at police station Gosaiganj, district Faizabad (now Ayodhya), copy of which is contained in Annexure-6 to the application.
3. Learned counsel for the applicants submits that the FIR with false and concocted allegations has been filed by the informant against the applicants, without there being any cogent material or evidence and after investigation charge-sheet has also been filed. However, the applicants have challenged the charge-sheet and the summoning order passed by the trial court dated 17.12.2022 and also the entire proceedings of the case before this court by filing an application under section 482 CrPC No.383 o
At the charge framing stage, the trial court must establish a prima facie case based on the prosecution's evidence without detailed scrutiny, ensuring a reasoned decision.
At the charge framing stage, the court must determine if a prima facie case exists based solely on the prosecution's evidence, without conducting a detailed trial.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
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