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Under the discharge principle stated in Union of India v. Prafulla Kumar Samal on 6 November 1978, what…

The Court held that in the stated situation the judge may "Discharge the accused after applying the prescribed limited assessment", under CrPC section 227 (now section 250…

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Under the discharge principle stated in Union of India v. Prafulla Kumar Samal on 6 November 1978, what may the judge do where two views are equally possible and the material raises some suspicion but not grave suspicion against the accused?

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The Court held that in the stated situation the judge may "Discharge the accused after applying the prescribed limited assessment", under CrPC section 227 (now section 250 of the BNSS). The judge may sift the material for a prima facie case and consider its broad effect, but should not conduct a roving trial-like inquiry, and only unexplained grave suspicion justifies framing a charge.

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