The central legal point established in the judgment is the limited scope for interference with the order framing charges and the principles of exercising inherent power under Section 482 of the Code of Criminal Procedure.

A. Hazarika, J.

1. By way of filing this revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, the Petitioners have prayed for quashing the order dated 5.7.99 and the charges dated 5.7.99.

2. Three accused have questioned the legality of the order dated 5.7.99 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 37/98 corresponding to Karimganj P.S. Case No. 363/96 (G.R. Case No. 824/96) framing charges under Sections 341/34, 326/34 and 307/34against two of the accused being accused No. 2 and 3 and under Section 109/341, 109/326 and109/307 I.P.C. against the Petitioner.

3. Charges have been framed by the learned Sessions Judge, Karimganj, holding that there are prima facie materials to warrant grounds for presuming that the accused persons have committed the offences under Sections as mentioned hereinabove. The learned Sessions Judge has come to the said conclusions while framing the charges, on the following materials on record viz:

i) The first information report.

ii) The police report dated 21.2.97 wherein name of 10 (Ten) witnesses were shown to have proved the case on behalf of prosecution along with seizure list and medical reports.

iii) The statements of 5 (five) witnesses examined during the investigation.

4. According to the learned Counsel Mr. N. Choudhury, appearing on behalf of the Petitioners, the view, taken by the learned Sessions Judge, while framing the charges, are erroneous in as much as there are no definite material to show that they are involved in the alleged assault on Dr. N.C. Ghosh. The material placed before the Court under Section 173 of the Code of Criminal Procedure would show, that the accused were not named anywhere which can reasonably connect the accused Petitioners with the offence of guilt. There was no eye witnesses to the occurrence of assault on the person of the victim. There was no circumstantial evidences to connect the Petitioners with the alleged offence and the prosecution would not be able to prove the guilt of the accused. Therefore, to secure the justice, this court would exercise the inherent power under Section 482 of the Code of Criminal Procedure to prevent the abuse of the process of the Court.

5. The Code of Criminal Procedure in Chapter XVII, deals with charge. Section 221 of the Code provides that every charge under this code shall state the offence which the accused is charged of. The material in record would show that the learned Sessions Judge has prima facie satisfied that the prosecution has made out a case for trial and accordingly charges have been framed against the accused persons. Therefore, there is no illegality and/or any infirmity in the order impugned in the instant case.

6. Learned Counsel appearing for the Petitioners has referred two cases reported in (1979) 3 SCC 4 (Union of India v. Prafulla Kumar Samal and Anr.) and (2002) 2 SCC 135 (Dilawar Balu Kurane v. State of Maharashtra). This Court has considered the decision cited by the learned Counsel. The case referred to above relates to discharge as provided under Section 227 of the Code by Special Judge. There is no ambiguity on the above principles. In this instant case the record placed by the police as required under Section 173 of the Code before the Magistrate, who committed the case to the Sessions Judge and the Sessions Judge having satisfied that there are materials to proceed with against the accused Petitioners, has framed the charges. The contentions raised on behalf of the Petitioners before this Court would be available to the accused during trial.

7. In response Mr. B.S. Sinha, the Public Prosecutor submitted that the material placed under Section173 of the code would show that the Petitioners are involved in the offence, more particularly, the accused Shri Ashutosh Choudhury was a patient in the hospital and two boys were attending him and cannot be ruled out their involvement, since the victim had detected forged birth certific