This is the answer (Below) that one of the learned members gave on https://www.lawyersclubindia.com/articles/Discharge-of-an-Accused-in-a-Criminal-Case-10945.asp and I am totally confused as to what shall be the actual proceeding in such a case.
The learned K Rajasekharan, is absolutely wrong with whatever example he may have quoted, but the fact is that, if the name of the accused appears in the investigation report/charge sheet, then he will not be discharged even if he at the time of the alleged crime was on the moon. Because at the time of framing charges either in writing for Warrant cases, or verbally told for the Summons cases, the evidence of the accused is not considered, but only the contents of the investigation report/charge sheet. The evidences of the accused are considered only during Trial. On the other hand the illegal or faulty Investigation/investigation report of the police, will also not help the accused.
