The court emphasized the importance of assessing whether the material on record discloses the ingredients constituting the alleged offence and the need for the court to apply its own mind to the available material.

JUDGMENT

1. The petitioner has challenged order dated 25.08.2018 passed by learned Additional Sessions Judge, Srinagar, whereby charges for offences under Section 420, 467 and 471 RPC have been framed against him.

2. It appears that after investigation of FIR No.22/2016 registered with Police Station, Ram Munshi Bagh, Srinagar, a charge sheet for offences under Section 420, 467 and 471 RPC came to be filed by the respondents before the Court of learned Additional Sessions Judge, Srinagar (hereinafter referred to as the trial court). It was alleged in the charge sheet that on 05.03.2016, a written complaint was lodged by Manager, JKSFC, Srinagar, before the respondent Police Station, alleging therein that the Corporation has received a complaint that the petitioner, who was working as a Manager in JKSFC Camp office Durga Nag, Srinagar, has managed his appointment on the basis of fake date of birth certificate. On the basis of this complaint, FIR was registered and the investigation was set into motion. After investigation of the case, it was found that the actual date of birth of the petitioner was 1st February, 1955 but the same had been forged by the petitioner to make it as 1st of February ,1957 so as to remain in service for extra two years. The learned trial court, after hearing the parties and on the basis of the material collected by the investigating agency, passed a detailed order dated 25.08.2018 and came to the conclusion that prima facie offences under Section 420, 467 and 471 RPC are made out against the petitioner and, accordingly, the charges were framed against him.

3. The petitioner has laid challenge to the impugned order on the ground that the same has been passed without appreciating the material on record. It is contended that the petitioner has never tampered with or fabricated the service record and he has not produced fake date of birth certificate before his employer. According to the petitioner, whatever is his actual date of birth, the same was projected by him before his employer and if at all any tampering has been done in his service record which remains in the custody of his employer, he cannot be held responsible for the same. It has been contended that neither the service book nor the photocopy of the date of birth certificate alleged to have been produced by the petitioner, have been sent to the FSL for ascertaining the true facts. According to the petitioner he was given extension in service and because of this he remained in service for two years beyond his age of superannuation and not because of producing fake date of birth certificate. It is also contended that the Managing Director of the Corporation was inimical to the petitioner and because of his malafides towards him, the instant prosecution has been launched.

3. I have heard learned counsel for the parties and perused the material on record including the impugned order and the trial court record.

4. Sections 268 and 269 of the J&K Cr. P. C, which is applicable to the instant case, relate to discharge/framing of charge in a Sessions case. A conjoint reading of these two provisions reveals that if a Sessions Judge, upon consideration of record of the case and after hearing the parties, is of the opinion that there is no sufficient ground for presuming that the accused has committed an offence, he has to be discharged whereas if there is ground for presuming that the accused has committed the offence, the order of charge has to follow.

5. It is a well-settled law that at the stage of charge/discharge, the trial court is not expected to deeply analyze the material on record and to sift and weigh the material so as to conclude whether the available material is sufficient to hold the accused guilty of the offence alleged in the charge sheet. The Court has only to see whether the accused can be put on trial. The Court has to assess and evaluate the material on record with a view to find out if the said material discloses existence of the ingredie