YOGENDRA SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mrs. Lily Sahay, the learned A.P.P appears for the State.

(2.) The petitioner is aggrieved of the order dated 03.08.2015 by which his petition under section 239 Cr.P.C for discharge in G.R. No.3548 of 2014 has been declined.

(3.) The submission made on behalf of the petitioner is that on the basis of the alleged conversation between the petitioner and co-accused Raj Kumar Gupta charge for the offence under section 115, 118, 119, 120, 120B IPC and under section 25(1-B)a/26/35 of the Arms Act cannot be framed. It is contended that there must be some evidence for framing charge against an accused and not that without any evidence an accused can be asked to face the trial in the hope that some evidence may appear in course of the trial.