Kaberi Panda vs State Of Odisha (Vigilance) on 2 July, 2025

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43. We are not to conduct a dress rehearsal of the trial at
this stage. The tests applicable for a discharge are well
settled by a catena of judgments passed by this Court.
Even a strong suspicion founded on material on record
which is ground for presuming the existence of factual
ingredients of an offence would justify the framing of
charge against an accused person [Onkar Nath Mishra
& Ors. v. State (NCT of Delhi) & Anr. (2008) 2 SCC
561 Paragraph 11]. The Court is only required to
consider judicially whether the material warrants the
framing of charge without blindly accepting the
decision of the prosecution [State of Karnataka v. L.
Muniswamy & Ors. (1977) 2 SCC 699 Paragraph 10].
Applying these principles to the present case, we accept
the submission of the learned ASG that the appellants
have not made out the case to say that the charge is
groundless.”



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