Bombay Case Reporter

1982(1)

1982(1) Bom.C.R. 1

Before :

R.S. Bhonsale, J.

Dattatraya Narayan Samant (Dr.) & others .... Petitioners.

Versus

State of Maharashtra .... Respondents.

Criminal Application No. 1764 of 1980, decided on 22-1-1981.

(A) Indian Penal Code, 1860, Secs. 120-B, 307 & 115---Code of Criminal Procedure, 1973, Secs. 227, 228 & 482---Constitution of India, Art. 227---Framing of charge against petitioners---Order of Additional Sessions Judge---Whether there are sufficient grounds for proceeding to frame charges---Alleged agreement between petitioners and accused No. 5---Whether order is justified by facts and circumstances of case---Held, no prima facie case of conspiracy against petitioners, accused Nos. 1 to 4 made out.

Under the provisions of section 228 of the Code of Criminal Procedure, the Judge can frame charges after hearing the parties and after considering the records and documents, if he is of the opinion that there is ground for presuming that the accused had committed an offence which is triable either by the Chief Judicial Magistrate or by himself. In such a situation, he will frame in writing charges against the accused. The provisions of