Heard Sri Rakesh Thapliyal, learned counsel for the petitioner.

2. Sri Arvind Vashistha, Advocate appearing for the respondent. Short counter affidavit filed on behalf of respondent is taken on record.

3. By way of present petition charges framed by learned Trial Court u/s 420, 467, 468, 471 I.P.C. vide order dated 20.08.2008 and Revisional Court’s judgment dated 15.09.2009 are being assailed.

4. Both the counsels fairly stated that neither accused nor prosecution were heard before framing the charges. Both the counsels fairly stated that Magistrate has failed to record his opinion.

5. Sections 239 and 240 of Code of Criminal Procedure are as under :-

239. When accused shall be discharged – If, upon considering the police report and the document sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

240. Framing of charge – (1) If, upon such consideration, examination of any, and hearing, the