BHARATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD

(2.) THIS application u/s. 482 Cr.P.C. has been filed to quash the order dated 7.8.2004 passed in Sessions Trial No. 80 of 2004 thereby and thereunder the application filed u/s. 227 of the Cr.P.C. by opposite party has been allowed and they have been discharged

(3.) THE submission of the learned Counsel for the petitioner is that the court below has meticulously examined the material available on the record like trial and has refused to frame charge against the opposite parties. The scope of Sections 227/228 Indian Penal Code, 1860 is only to see the prima facie material and not the sufficiency of evidence for conviction of the accused persons. On the other hand, the learned Counsel for the opposite parties supported the order in question and submitted that there was delay in filing the case and also there was no postmortem report and accordingly, the court below has rightly refused to frame charge against the opposite parties