SURJIT KUMAR Vs. SAUDAGAR SINGH

JUDGEMENT

(1.) ON the criminal complaint filed by Saudagar Singh, learned Sub Divisional Judicial Magistrate, Balachaur after recording the pre -charge evidence directed the charge to be framed. During the course of discussion, the learned trial Court observed as under : - "The signatures of the complainant on the said agreement do not tally with the standard signatures. At the stage of charge, the Court is only to see prima facie case. Mere suspicion is sufficient to frame the charge. The merits of the case are not to be examined nor the probable defence is to be examined."

(2.) IN this regard, reference can well be made to Section 245 Code of Criminal Procedure, which reads as : "245. When accused shall be discharged - (1) If, upon taking all the evidence referred to in Section 244, the Magistrate considers for reasons to be recorded, that no case against the accused has been made out which if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharing the accused at any previous stage of the case, if for reasons to be recorded by such Magistrate, he considers the charge to be groundless."

(3.) THIS has to be read with sub -section (1) of Section 246 Code of Criminal Procedure, the said provision is also reproduced below : - "246. Procedure where accused is not discharged - -(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate, is competent to try and which, in his opinion could be adequately punished by him, he shall frame in writing a charge against the accused. (2) xx xxx xx xxx (3) xx xxx xx xxx (4) to (6) xx xxx xx xxx"