The main legal point established in the judgment is that the court directed to frame the charge made out against the petitioner in accordance with the provisions of section 228 Cr.P.C.

Harbans Singh Rai, J.

1. The Additional Sessions Judge, Narnaul, vide his order dated March 16, 1988, came to the conclusion that no offence under Section 366, Indian Penal Code, is made out and as the other offences are triable by Magistrate 1st Class, he sent the case to the Chief Judicial Magistrate Narnaul to frame the charges prima facie made out against the accused. The petitioner has challenged this order on the ground that the order of the Additional Sessions Judge is against law as it violates the provisions of section 228(1), Criminal Procedure Code. Section 228 reads as under :

228. Framing of charge :-

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which (a) is not exclusively triable by the Court of Sessions he may frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried."

2. The learned Sessions Judge was to frame the charge and also send the case to the Chief Judicial Magistrate for trial. The order sending. the case back to the Chief Judicial Magistrate without framing the charge is not legally maintainable. The order of Additional Sessions Judge, Narnaul, dated March 16,1988 is set aside and he is directed to frame the charge made out against the petitioner in the light of the provisions of section 228 Cr.P.C. With this direction the petition is disposed of.