Court not bound to frame charges if prosecution's admitted evidence does not make out offence: Supreme Court

Court not bound to frame charges if prosecution's admitted evidence does not make out offence: Supreme Court

 "...There is a long chain of examples that if the essential elements of a crime do not emerge from the admitted evidence of the prosecution, as reflected in the documents filed by the investigating officer in the report under Section 173 of CrPC, the court  is not bound to frame charges against the accused for such offence," the court said.  Reference was made to the decision in the case of Suresh alias Pappu Bhoodharmal Kalani Vs.  State of Maharashtra reported in AIR 2001 SC 1375.

 Case Title: Shashikant Sharma vs State of Uttar Pradesh, Diary No. 16199 - 2023