RAKHAL CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING Section 482 of the Code of Criminal Procedure, the petitioners moved this Court for quashing of the charge under Sections 498a/406/34 of the indian Penal Code.

(2.) MR. Sekhar Basu, the Learned Counsel appearing on behalf of the petitioners urged for quashing of the impugned order of framing charge on the following grounds:-

(3.) THIS is a case where the accuseds have approached this Court for quashing of the charge and High Court should not ordinarily interfere with the trial Courts order for framing of charge unless there is glaring injustice. At the stage of framing charge the Court is only required to see whether the evidentiary material collected by the Investigating Agency and proposed to be relied on by the prosecution against the accused during trial has made out a prima facie case or not but it is not permissible for a Court to make a roving and fishing enquiry into the pros and cons of the matter and weigh the evidence as if it was conducting a trial.