Supreme Court · 1999 INSC 268 · Decided 5 July 1999
Kanti Bhadra Shah and Anr v. The State of West Bengal
- Court
- Supreme Court of India
- Citation
- 1999 INSC 268 · [2000] 1 S.C.R. 27
- Case number
- CRIMINAL APPEAL No. 5/2000
- Decided
- 5 July 1999
- Bench
- K.T. THOMAS, D.P. MOHAPATRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 454, 380, 120B, 1208; CrPC Section 239
Headnote
B Code of Criminal Procedure, 1973. Sectiom~240 and 239--Framing of charge-Legal requirement of pass- ing reasoned order by the Magistrate-As per section 239 Magistrate is to C record reasons in case of discharging the accused--Held, if Magistrate is to frame the charge there is no legal A charge sheet was filed before the Metropolitan Magistrate against appellants for offences under sections 454 and 380 and 1208 of the Indian D Penal Code. The Magistrate issued process to the accused and after bearing framed charges against them. Thereafter, the Magistrate dis­ missed
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