RITESHKUMAR MADANMOHANPRASAD SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this application under section 397 of the Code of Criminal Procedure, applicant, one of the accused charge -sheeted by Police Station, Sitabuldi, Nagpur for commission of offences, under sections 147, 148, 149, 324 and 307 of the Indian Penal Code, on 15.12.1998, for attempting to commit murder of first informant Anubhav Shiveshwar Narayan Vinod, so also Sumukh and Pramod, who had intervened in the assault was effected upon the first informant, has prayed for examining legality, correctness and propriety of the order dated 30.11.2005 passed by learned Ad hoc Addl. Sessions Judge, Nagpur in Session Trial No. 165/2005 rejecting the application Exh. -4 preferred by him for discharge.

(3.) THE learned counsel, thereafter, submitted that the apex Court in various decisions has ruled that true test for framing of charge is that in the event of material in the charge -sheet remaining unrebutted, the same would warrant the conviction. It is submitted that in the aforesaid apologetic condition of the prosecution material against the applicant, the trial court manifestly erred in rejecting the application for discharge preferred by passing order in question. It is thus contended that order passed being not based on any material in the charge -sheet against the applicant, the same cannot be legally sustained and deserves to be quashed and set aside and the applicant be discharged by allowing the application preferred.