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TMI Blog1997 (10) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... has involved in the alleged offence and therefore the petitioner has filed an application under Section 245 of Criminal Procedure Code to discharge him from the said charge. 4.The learned Chief Judicial Magistrate, Coimbatore refused to discharge the petitioner holding that the petitioner has not established that the charges are groundless and accordingly dismissed the Crl. M.P. No. 2082/94 by an order dated 14-9-1994. Aggrieved by the said order, the petitioner has filed the above revision petition. 5.The learned Counsel for the petitioner contends that in the absence of any evidence on record, the learned Chief Judicial Magistrate ought to have discharged the petitioner. 6. Per contra, learned Counsel for the respondent invited my ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proved by direct testimony) as to the truth of a fact alleged." So if on the basis of materials on record, a court could come to the conclusion that commission of the offence is a probable consequence, a case for framing of charge exists. To put it differently, if the court were to think that the accused might have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence. It is apparent that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution has to be accepted as true at this stage." Similarly, in State of Maharashtra v. Priya Sharan Maharaj reported i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the sides. 10.In this connection, I am obliged to refer to Section 245 of Cr. P.C. and to the decision of the Apex Court referred to above. Section 245 of Cr. P.C. reads as follows : "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. Nothing in this section shall be deemed to prevent a(2) Magistrate from discharging 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." 11.In the light of the above decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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