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Showing posts with the label PatnaHighCourt#FramingOfCharges#DefenceNotConsidered#CriminalLawIndia#DischargeApplication#PrimaFacieCase#StageOfFramingCharges#NoMiniTrial#IndianJudiciary#CrPCSection228#TrialLaw#LegalAwareness#Just

Defence of Accused Can't Be Considered at the Stage of Framing Charges: Patna High Court

Patna, June 2025 – In a significant judgment, the Patna High Court has reiterated that the defence of the accused cannot be looked into at the stage of framing of charges . The court emphasised that at this preliminary stage, the judge’s role is limited to assessing whether a prima facie case exists based on the prosecution's evidence—not to evaluate the defence material.  Facts of the Case The case arose when the accused moved the High Court seeking discharge before the trial could begin. The petitioner argued that certain evidence in his favour proved his innocence, and therefore, charges should not be framed . However, the trial court refused to discharge the accused, prompting a revision petition in the High Court. Court's Observation Justice [Name, if available] ruled: “At the stage of framing of charges, the court is not supposed to conduct a mini-trial or weigh the defence evidence. It merely has to examine whether the material collected by th...