A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.

ORDER

1. The instant revision petition has been filed by the petitioners under Section 397 r/w Section 401 Cr.P.C. against the order dated 07.07.2022 passed by the learned Additional District and Session Judge No.1, Bandikui, District Dausa in Sessions Case No.14/2022 whereby an order framing charge has been passed against the petitioners under Sections 147, 323, 323 r/w 149, 341, 341 r/w 149, 504, 304, 304/149 in alternative 302 r/w 302/149 of the IPC.

2. Learned counsel for the petitioners submits that the complainant and the petitioners are relatives and the FIR came to be lodged over a sudden scuffle which ensued over raising a boundary over an agricultural field. The mother of the complainant died during the scuffle that arose between the parties and an FIR was lodged against the petitioners under Sections 143, 323, 341 and 302 IPC. The investigating agency filed the charge sheet against the petitioners under sections 143, 323, 341, 304 and 504 while dropping charges under Section 302 IPC. Thereafter, the learned trial court framed charges against the petitioners for offences under Sections 147, 323, 323/149, 341, 341/149, 504, 304, 304/149 in alternative 302 and 302/149 of IPC. It is submitted that the impugned order is neither legally sustainable in the eyes of law nor does it take into account the facts of the present case. The deceased was not present at the scene and she died a natural death, however, with a view to entangle the petitioners in a criminal case, a false story was cooked up by the complainant party. The learned Court below has not applied its mind to see whether the elements essential to constitute the alleged offences are present or not in the charge sheet filed by the prosecution. He, thus, submits that neither an offence is made out under Section 302 nor under Section 304 IPC in these cases because of the absence of the requisite ingredients. Framing of charge is different than booking an accused for commission of an offence.

3. Learned public prosecutor opposes the prayer made by learned counsel for the petitioners and submits that in order to frame a charge against an accused, the trial court needs to see whether a prima facie case is made out against the said accused or not and there is no need of detailed or meticulous appreciation of material available on record at the stage of framing of charge.

4. Heard learned counsel for the petitioners as well as learned public prosecutor and perused the material available on record.

5. A perusal of the impugned order does not reflect as to how offences under Sections 147, 323, 323 r/w 149, 341, 341 r/w 149, 504, 304, 304/149 in alternative 302 r/w 302/149 of the IPC are made out or can be invoked against the petitioners as there is no mention in the order impugned regarding inflicting alternate charge. Though it is mentioned in the impugned order that the submissions made by the counsel for the parties have been heard but the same have not been discussed and appreciated. It is true that at the stage of framing of charge threadbare discussion of the material collected during the course of the investigation is not required but at the same time it is expected from the trial Judge to form an opinion as to whether there are reasonable grounds to presume that the accused should be tried for the offences alleged. It is vital for the trial Court to see as to whether the ingredients essential to constitute alleged offences are present or not in the facts and circumstances of the case. Having minutely gone through the entire material available on record, more particularly the order dated 07.07.2022, this Court is of the considered view that the learned Court below did not apply its mind before framing of charge and the order of charge-framing has been passed without considering the provisions stipulated under Sections 226 to 228 of the CrPC. There seems no justification to allow the commencement of trial against the accused-petitioners for the alleged offences, elements