The High Court of Calcutta, in a decision pertaining to framing of charge in a corruption case, has said that absence of written charge is a curable defect when there is no proof that any prejudice is caused to the accused. The argument, fortified by the earlier decisions of the Supreme Court that written charge is a must, advanced by the counsel for the petitioner was repelled by the Court on finding that no prejudice to the petitioner was caused.
Article referred: http://www.livelaw.in/absence-written-charge-curable-defect-calcutta-hc/
Article referred: http://www.livelaw.in/absence-written-charge-curable-defect-calcutta-hc/
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