STATE OF BIHAR versus RAMESH SINGH

At the stage of framing charges under Section 228 or discharge under Section 227, the court is only required to assess whether there is sufficient ground for proceeding, not whether there is sufficient ground for conviction. Strong suspicion that the accused committed the offence is sufficient to frame charges and proceed with trial.

Parties: Appellant: State of Bihar; Respondent: Ramesh Singh
Jurisdiction: India
Judgment Date: 02 August 1977
Procedural Posture: Criminal Appeal / Appeal by Special Leave From Patna High Court Order in Cr. Rev. No. 699/75 Dated 18 2 1976
Outcome: Appeal allowed
Legal Topics: Framing of Charges, Discharge of Accused, Standard for Proceeding Versus Conviction

Criminal Law Framing of Charges Discharge of Accused Standard for Proceeding Versus Conviction

Case Brief

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Parties

State of Bihar

Appellant

Ramesh Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Order in Cr. Rev. No. 699/75 Dated 18 2 1976

Legal Issues

1 What is the appropriate standard for discharge or framing charges under Sections 227 and 228 of Code of Criminal Procedure, 1973?
2 Is strong suspicion sufficient to require trial to proceed against the accused?

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Set aside the orders of the High Court and Sessions Court
Direct that appropriate charge or charges be framed against the respondent and the trial shall proceed further in accordance with law