Framing of Charges Against Accused shall be according to FIR & Police report- SC Judgements (Case Laws)
LIST OF IMPORTANT CASE LAWS RELATED TO FRAMING OF CHARGES ON PRIMA FACIE CASE UNDER CHAPTER XVII OF CRIMINAL PROCEDURE CODE:
1. STATE OF BIHAR V. RAMESH SINGH
2. STATE OF MAHARASTRA V. SOMNATH THAPPAR
3. STATE OF ODISSHA V. DEVENDRANATH PADHI
4. UMAR ABDULLA SAKOOR V. INTELLIGENCE OFFICIER NCB (1999)
5. STATE OF WEST BENGAL V. ANIL KUMAR 1980
6. KRANTI BHADRA SHAH V. STATE OF WEST BENGAL (2000)
7. SHIV SINGH AHLAWAT V. STATE OF UP (2013)
8. DURGESH KUMAR SHARMA V. STATE OF UP
IN ALL THESE ABOVE CASES HON’BLE COURT SAID FOLLOWING IMPORTANT THINGS :
1. No accused can be discharged unless there appears strong reason by the court to discharge that person.
2. No evidence and witness can be called at this stage. Discharge is subject to evidence stage and trial stage, if there is no strong reason for disvharge.
3. Only Prima Facie case will be looked at this stage.