OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal revision petition under Section 397/401 of the Code of Criminal Procedure (for short, "the Code"), the accused-petitioner has challenged the order dated 15-10-2001 passed by the Judicial Magistrate, Raisinghnagar, whereby the learned trial Court framed the charges against the accused-petitioner for the offences under Sections 420 and 406 of the Indian Penal Code (for short, "ipc" ).

(2.) I have heard learned counsel for the petitioner and the learned Public Prosecutor and perused the impugned order as also the record of the trial court.

(3.) AT the stage of framing the charge, the trial court is required to consider the material placed before it by the investigating agency and after hearing, it has to form an opinion as to: whether there is a ground for presuming that the accused has committed the offence. If on consideration and hearing, the trial court is of opinion that there is a ground to presume that the accused has committed the offences then the charge has to be framed and the court may proceed with the trail.