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VERSUS
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VERSUS
J U D G M E N T
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leave petitions.
Leave granted.
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observed as follows:
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observed as follows:
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leave petitions.
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Leave granted.
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observed as follows:
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follows:
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follows:
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judgment:
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2 SCC 561:
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“43………………Notwithstanding this
difference in the position there
is no scope for doubt that the
stage at which the magistrate is
required to consider the question
of framing of charge under
Section 245(1) is a preliminary
one and the test of “prima facie”
case has to be applied. In spite
of the difference in the language
of the three sections, the legal
position is that if the Trial
court is satisfied that a prima
facie case is made out, charge
has to be framed.”
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expeditiously.
observation.
………………..……………………………….J.
(CHANDRAMAULI KR. PRASAD)
………………….……………………………………… J.
(M.Y. EQBAL)
NEW DELHI,
JANUARY 06, 2014.
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