RAJ KUMAR SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE petitioner by virtue of the present petition has challenged the order dated 25th April, 2009 by which a charge under Section 302/365/201/34 IPC was ordered to be framed against Raj Kumar Sharma.

(2.) I have heard the learned Counsel for the petitioner as well as learned APP for the State. The contentions of the learned Counsel for the petitioner are as under.

(3.) THE learned APP has disputed the contentions of the learned Counsel for the petitioner and urged that at the stage of framing of charge a meticulous examination of the evidence is not to be carried out nor the Court is expected to see probative value of the material on record. The Court must see whether a prima facie case is made out against the accused or not. The prima facie case has been interpreted as urged by the learned APP is that there must be a 'grave suspicion ' against the petitioner about his involvement in the commission of offence. The learned APP has also relied upon the judgment of : 2008 (2) SC 561 in support of his submission.