In framing of charges during a criminal trial instituted by police report, the court is required to confine itself to documents filed under Section 173 . In framing of charges the Judge has to be satisfied that there is a prima facie case and there is no requirement of adducing reason and for that he must rely on police report, he cannot call witness at stage of charge framing.
Where the case has been instituted on a complaint given to magistrate the charge is framed on the examination which was done by the magistrate and if in a case a inquiry or investigation was order under sec 202 then such may help magistrate to decide the issue of process and such might elp in giving more clarity about charge.
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