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Chandi Puliya vs. State of West Bengal (SC)

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Code of Criminal Procedure, 1973–Secs. 227 r/w. 300(1)–Application under–Dismissed with observation that the accused shall be entitled to raise all the points, including the applicability of Sec. 300(1) at the time of hearing on framing of charge–Such exercise was required to be done at a stage prior of framing of charge and if ultimately the Court comes to the conclusion overruling the objection of Sec. 300(1) and on facts satisfies, then it may frame the charge as provided u/s. 228–Matter deserves to be remanded back for considering the application.