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KANTI BHADRA SHAH V/S STATE OF W B AIR 2000 SC 522= framing of charge --if the court decides to frame charge there is no legal requirement that he should pass an order specifying the reasons as to why he opts to do so. framing of charge itself shows that the trial judge has formed the opening , upon considering the police report and other documents and after hearing both sides that there is ground for resuming that the accused has committed the offence concerned. Section 246 requires demonstrate to record his reasons for discharging the accused but there is no such requirement if for he forms the opinion that there is ground for presuming that the accused has committed the offence in such a situation he is only required to frame a charge in writing against the accused.
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Copyright © 2001 rajeev bhatjiwale
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