Framing of charges

Guest (Querist) 25 April 2013 This query is : Resolved
Sirs,
I am representing the accused and the accused has been framed under Sec.302/323/147/148 IPC. The court has framed charges against the accused under the said sections.
In the order for framing of the charges the judge has written only that "there is a prima facie evidence against the accused for the commission of the said offences".
This is the order given by the judge framing the above said charges against the accused.

I know that a judge can pass such an order.
But need to appeal against the same so can you please tell me any judgement regarding the same which says that the judge has to give reasons/details while framing charges against the accused.

thank you

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V R SHROFF (Expert) 25 April 2013
Expert ans u: ""This time some of us got spared NOT to call it an academic query,i too follow the same as i feel further explanation is needed.

A suit is assertion of rights to be
presented in the form of a plaint.""

Paras,

Pl clarity your profile if you are Advocate.

Devajyoti Barman (Expert) 25 April 2013
Professional query.
For citation search yourself.

R.K Nanda (Expert) 25 April 2013
agree with experts.

Guest (Querist) 25 April 2013
dear sirs I do agree with you.And it is not an academic query i have just started practice in court and need some advice on the said matter..
I had come through a judgment of supreme court but it is case under TADA. I would be extremely happy and thankful if you can provide me with some other judgments..

Thank you

Nadeem Qureshi (Expert) 25 April 2013
Dear Querist
you should search through judis.nic.in, Kannon.com or google

prabhakar singh (Expert) 25 April 2013
Sweat a little more to search on your own.
the more you shall do it the more good it would be for your professional health.An young lawyer should not look for cooked lunch.

Raj Kumar Makkad (Expert) 25 April 2013
Youngsters unfortunately do love to have cooked food instead of cooking it themselves. You should become an exception and have already become when you have been trusted by your clients to take up such serious case.

Guest (Querist) 26 April 2013
haha...thanks a lot to all the respected seniors..I had searched and came through a judgment (State Of Maharashtra Etc. Etc vs Som Nath Thapa ,1996 AIR 1744 )

In this the Apex Court held that the Designated Court should give reasons for framing charges because framing of
charges substantially affects the liberty of the person concerned.

Thanks to all the respected seniors for their concern..

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