SURESH CHANDRA DAS Vs. STATE OF MAGHALAYA

JUDGEMENT

(1.) THIS is an application Under Sections 561 -A and 439 of the Code of Criminal Procedure and also under Rule 22 of the Rules for the Administration of justice/police in Garo Hills District as well as under Article 227 of the Constitution of India, by the accused petitioner against an order dated 17 -10 -1970, passed by the learned Additional Deputy Commissioner, Garo Hills, Tura in Criminal Appeal No. 14 of 1970.

(2.) IT is urged on behalf of the accused -petitioner by Mr. P.C. Kataki, the learned Counsel appearing for him. that the charge framed against the accused -petitioner is not supported by any evidence whatsoever before the learned Magistrate. In other words his submission is that no magistrate could reason -' ably form an opinion that there was any ground for presuming that the accused had committed an offence triable under the Code of Criminal Procedure, upon consideration of the documents which were before him and upon hearing of the prosecution witnesses and the accused. A Magistrate is required to form his opinion as to the sufficiency of grounds for presuming that an accused can be charged for an offence upon consideration of the documents which are to be furnished Under Section 173 of the Code of Criminal Procedure, besides the examination of the accused and the prosecution, which must disclose prima facie legal evidence sufficient to warrant the framing of a charge. In this con - nection, Mr. Kataki cites the case of R. P. Kapur v. State of Punjab : 1960CriLJ1239 , where it was held.

(3.) MR . A. Sarma, the learned Counsel for the State of Meghalaya could not place before me any statement Under Section 173, Criminal P.C. or any other document, which could be construed to show that the interpolation of the letter in question, if any can be attributed to the -accused petitioner or was even within his knoweldge. direct or indirect.