https://www.taxtmi.com/caselaws?id=21357 In proceedings instituted otherwise than on a police report, discharge is a preliminary stage and the court must apply the prima facie test, not weigh the prosecution material as if finally determining guilt. A strong suspicion arising from the record may be enough to justify framing charge, and minor contradictions or deficiencies should not be treated as decisive at that stage. On the facts noted, the material including impersonation allegations and supporting documents furnished sufficient basis to proceed, so the discharge order was unsustainable and the charge framed by the Magistrate was restored. en-us Wed, 29 May 1991 00:00:00 +0530 Sat, 21 Nov 2009 17:28:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=21357 In proceedings instituted otherwise than on a police report, discharge is a preliminary stage and the court must apply the prima facie test, not weigh the prosecution material as if finally determining guilt. A strong suspicion arising from the record may be enough to justify framing charge, and minor contradictions or deficiencies should not be treated as decisive at that stage. On the facts noted, the material including impersonation allegations and supporting documents furnished sufficient basis to proceed, so the discharge order was unsustainable and the charge framed by the Magistrate was restored. Case-Laws Income Tax Wed, 29 May 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=21357