CrPC Section 161

At the time of considering the question, as to whether, charge is to be framed, or not, in a criminal case, instituted on Police report, the Court is not required to go into the merits of the case

Prevention of Corruption Act, 1988 (49 of 1988) Section 13(2) - Framing of charge - At the time of considering the question, as to whether, charge is to be framed, or not, in a criminal case, instituted on Police report, the Court is not required to go into the merits of the case - At that time, the Court is only required to sift the material i.e. report under Section 173 of the Code of Criminal Procedure, the documents enclosed thereof, as also the statements of the witnesses, recorded under Section 161 of the Code of Criminal Procedure, during the course of investigation to come to the conclusion, as to whether, a prima facie case for framing the charge was made out or not - Any document produced by the accused at the time of consideration of charge, and not relied upon by the prosecution, is not to be looked into, by the Court concerned - What is the effect of delay, in lodging the report, as also of recording the statements of the witnesses, after delay, is required to be seen, by the trial Court, at the time of final decision of the case - Criminal Procedure Code, 1974 (II of 1974) Section 173, 161. (2009)155 PLR 448