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september 1978

Supreme Court of India · 1978-09-28

RATILAL BHANJI MITHANI vs THE STATE OF MAHARASHTRA & ORS.

Citation / case number
SC 1977/61619
Court
Supreme Court of India
Petitioner
RATILAL BHANJI MITHANI
Respondent
THE STATE OF MAHARASHTRA & ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that under the Code of Criminal Procedure 1898, specifically sections 252 to 257, 'discharge' and 'acquittal' are distinct concepts applicable at different stages of criminal proceedings. The Court ruled that a Magistrate cannot discharge an accused after framing charges, as this would be illegal without considering the evidence. The appeal was dismissed, affirming that a prima facie case must lead to the framing of charges under Section 254, and that the trial commences only after such framing.

RATILAL BHANJI MITHANI vs THE STATE OF MAHARASHTRA & ORS. · Niyam