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Supreme Court of India 2019-11-03 allowed

BHAWNA BAI vs GHANSHYAM

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

A man died in circumstances involving two accused persons. The trial court framed charges for murder against them. The High Court quashed the charges, holding the trial judge failed to apply proper judicial mind and provide detailed reasoning. The Supreme Court allowed the appeal, holding that at the charge-framing stage, only a prima facie case (not strict proof) is required. Judges need not record elaborate reasons for framing charges. The material on record, if fully accepted, could support guilt. The High Court wrongly interfered with the trial court's properly formed opinion that sufficient grounds existed to proceed to trial.">

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Criminal Procedure Charge Framing Prima Facie Case Judicial Review Sessions Trial

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