(1) THIS case raises two interesting legal issues firstly, at the time of framing charge, whether the trial Court should consider the evidence in favour of the accused, contained in the record of the case or not? Secondly, what criteria should be applied for while framing the charge?

(2) THESE issues arise in the following factual background: In April, 1999, one Prabhu Dayal filed a criminal complaint before the Additional Civil Judge (Junior Division) Judicial Magistrate No. 6, Jaipur City, Jaipur wherein he alleged that he is engaged in construction activities. According to him, in 1997, he had constructed petitioner's house, for which the petitioner owed him an amount of Rs.1,76,000/- On 21-2-1999, he, along with Kalu Ram Gurjar and Pappu Lal Saini, went to the petitioner's house for asking for the payment of the amount due. When he asked the petitioner to pay,the amount, allegedly the petitioner started assaulting him and also used foul language with regard to his caste status. The learned Magistrate sent the said complaint for investigation under Section 156(3), Cr. P. C. to the Police Station, Adarsh Nagar, Jaipur. The Police registered a formal FIR, FIR No. 6-4/1999,