The SC held that the HC erred in setting aside the charge framed ...

Apex court reverses High Court's premature discharge; says charge framing needs only prima facie case, not clinching evidence.

December 24, 2024

Case Laws     Indian Laws     SC

The SC held that the HC erred in setting aside the charge framed against the respondent while exercising revisional power. At the charge framing stage, the court is only required to consider if a prima facie case exists, not whether there is clinching evidence. The HC's meticulous consideration of evidence to find absence of clinching material was beyond its scope under S.239 CrPC. The SC set aside the HC's judgment quashing the charge and discharging the respondent.

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