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Order For Framing Charge Must Be A Speaking Order

The Patna High Court in Param Pal Gandhi vs. State of Bihar, through the Principal Secretary, Department of Home, Govt. of Bihar, through a bench of Chief Justice Iqbal Ahmed Ansari, dismissed the writ petition of accused Param Pal Gandhi, who sought quashing of an order passed by the Additional Chief Judicial Magistrate (ACJM), Gaya, whereby his prayer for discharge in relation to a case of obtaining a degree from Magadh University fraudulently was rejected.

The court said: “The order, deciding to frame a charge, must be a speaking order and such speaking order shall not only record the submissions made by the prosecution as well as the defence, but also the reasons as to why the submissions, which may have been made by the accused or the prosecution, cannot be accepted. On this aspect, the impugned order is wholly silent.”

Article referred: http://www.livelaw.in/order-framing-charge-must-speaking-order-patna-hc/

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