DEBABRATA TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) BEING aggrieved by the order dated 5.2.2003 passed by the Addl.Sessions Judge, Fast Track Court No. IV, Bhubaneswar in S.T. No. 323 of 2002 rejecting the petition filed by accused persons therein, including the petitioner, to discharge them from the alleged offences, the petitioner has approached this Court.

(2.) LEARNED counsel for the petitioner forcefully submitted that while rejecting the petition filed by the accused persons under Section 227 CrPC for discharging them, the Court below did not keep in mind the mandates of the said Section and passed the order in a mechanical manner without properly appreciating the facts.

(3.) IT is well settled that at Sections 227 -228 stage, i.e. at the stage of framing of charge, the Court is required to evaluate the materials on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of the ingredients constituting the alleged offence. The Court may for this limited purpose sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as Gospel truth, even if it is opposed to common -sense or broad probabilities of the case.