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Discharge Under Section 265 D & 242 Cr.PC After Submission Of Challan | Section 265-d crpc
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Discharge under section 265 D & 242 Cr PC by Court after submission of challan
Coming back to section 264-D Cr.PC which requires the court to peruse the police report or, as the case may be, the complaint , and all other documents and statements filed by the prosecution before framing of charge. As the document in the form of report u/s 9(7) CPS Act is also filed by the prosecution along with report u/s 173 Cr.PC ; therefore, it is to be perused by the Court before framing of charge against the offender/suspect and also bound to give it due consideration on the touch stone of evidential test and public interest test.
If after considering the police report, case review/result of assessment , statements of witenesses and any other document, court is of the view that sufficient materiel is avaliable to frame the charge, it shall proceed accordingly; but if not, then in converse would oblige t discharge the accused. Discharged of accused is a legal requirement that can be restoreted to u/s 265-D Cr.PC .
Coming back to section 264-D Cr.PC which requires the court to peruse the police report or, as the case may be, the complaint , and all other documents and statements filed by the prosecution before framing of charge. As the document in the form of report u/s 9(7) CPS Act is also filed by the prosecution along with report u/s 173 Cr.PC ; therefore, it is to be perused by the Court before framing of charge against the offender/suspect and also bound to give it due consideration on the touch stone of evidential test and public interest test.
If after considering the police report, case review/result of assessment , statements of witenesses and any other document, court is of the view that sufficient materiel is avaliable to frame the charge, it shall proceed accordingly; but if not, then in converse would oblige t discharge the accused. Discharged of accused is a legal requirement that can be restoreted to u/s 265-D Cr.PC .
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