At the time of framing charge, the court is to form a reasonable presumption regarding commission of the offences by the accused on the basis of prima facie materials on record.

ORDER

1. This matter is taken up through hybrid mode.

2. In this application filed under Section 482 of Cr.P.C., the Petitioner challenges the orders dated 25th March, 2019 and 13th September, 2019 passed by learned J.M.F.C., Rayagada in G.R. Case No.196/2018 whereby the petitions filed by him for discharge and for deletion/alteration of charge respectively were rejected.

3. The brief facts of the case are that the Petitioner is an accused in the aforementioned case, which has arisen out of Rayagada P.S. Case No.84 dated 10th May, 2018 for the alleged commission of offences under Sections 448/294/506 of I.P.C. The said case was registered on the basis of an F.I.R. lodged on 10th May, 2018 by one Debarchan Behera, the Divisional Forest Officer of Rayagada Division before Town P.S., Rayagada alleging therein that he had called the accusedPetitioner to his office and, accordingly, he came to his office at 11.30 A.M. to his Chamber while Range Officers were discussing official matters. On being asked about the contents of a letter that the Petitioner had written by the D.F.O., he suddenly became enraged and abused in unparliamentary language, throw away official files placed on the D.F.O's table and also banged on his office table. It is also alleged that there was bitter exchange of words between the Petitioner and one P.K.Naik, In-charge Range Officer, K.Singpur Range during which the Petitioner abused in caste line and, thereafter, moved out of his office chamber and started scolding the DFO in unparliamentary language in presence of field and office staffs and also threatened to kill him. On the basis of such F.I.R., investigation was taken up and after completion of investigation, charge sheet was submitted against the Petitioner under Sections 448/294/332/353/506 I.P.C.

4. On 11th March, 2019, the Petitioner filed an application under Section 227 of Cr.P.C. with prayer to discharge him from the case on the ground that necessary ingredients to constitute the alleged offences were not made out. By order dated 25th March, 2019, the learned court below rejected the application for discharge by holding that at that stage a roving inquiry cannot be made nor the pros and cons of the materials be weighed. It is was further held that on perusal of the case record prima facie material is well made out against the accused for the alleged offences. On the same day, by a later order, the learned court below framed charge under the aforementioned sections against the accused-Petitioner. Challenging such order, the Petitioner approached this Court in CRLMC No.2145/2019 wherein this Court passed the following order:-

'There is no reproach that the Court can proceed against the accused, even if he has not been charge sheeted for any particular offences, but from the materials available on record, the ingredients of the said offences for which the accused is proceeded against, must be there on record. So also, for framing of the charge though the Court is not supposed to assign the reasons if it is found from the materials on record that there are sufficient grounds to presume the accused to have committed such offences. In this case, since the order of framing charge impugned does not reveal the same, I am in agreement with the contention raised by the learned counsel for the petitioner and, as such, dispose of this CRLMC at the stage of admission with a direction to the petitioner to move a petition under Section 216 of Cr.P.C. before the trial court for alternation/deletion of the charge, by filing a certified copy of this order, within four months hence and if such a petition is filed, the court concerned shall dispose of the same within a period of ten days of making of such motion by the petitioner, in its own merit.'

Pursuant to such order, the Petitioner filed an application under Section 216 of Cr.P.C. for deletion/alteration of the charge specifically on the ground that the ingredients necessary to constitute the alleged offences are no