Charges cannot be framed without adequate evidence linking the accused to the alleged crime, following Section 190 of the Code.

1. The aforesaid three petitions under S.482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), have been filed by the petitioners, aggrieved by order dated 21st January, 2004 passed in Criminal Revision No. 175/03 and 176/03, whereby the order framing charge of commission of offence under S.420, S.468, S.471 read with S.120 - B of the IPC passed by the Chief Judicial Magistrate, Janjgir in Criminal Case No. 2400/2001, has been affirmed.

2. The petitioner - Motilal Kesharwani at the relevant time was posted and working as Mandi Secretary; petitioner - Rudrapal Pandey as Mandi In - charge and petitioner - Gopal Prasad Bareth as the Inspector in Krishi Upaj Mandi, Janjgir. On 11-1-2001, premises of Shyam Agro Milling, Banari was raided and in the inquiry, excess stock of paddy and rice was found in respect of which there were no entries made in the stock register. It is alleged that at that time, other accused - Leeladhar, Proprietor of Shyam Agri Milling, Banari, failed to produce any valid document or authority for possession of excess quantity to paddy and rice. Later on, Leeladhar sought to produce certain receipt / sauda - patrak said to be issued from the concerned Mandi, in order to substantiate that the excess quantity of rice and paddy seized from his premises was duly purchased by him in transaction of purchase of rice and paddy from Mandi from various agricultural producer. When inquiry was made, it was found that sauda - patrak were forged and without there being any transaction of sale, fake documents were prepared and then handed - over to co - accused Leeladhar. Initially when the FIR was lodged, petitioner - Motilal was also named as accused along with Leeladhar, Rudrapal and Gokul. After investigation, a charge - sheet was filed in the Court of Chief Judicial Magistrate, Janjgir, by police of Police Station Janjgir, in which, Leeladhar, Murli Manohar, Gokul Prasad, Nageshwar, Gopal Prasad and Rudrapal Pendey were made accused. As petitioner - Motilal apprehended his arrest in view of he being named in the FIR, he has applied for grant of anticipatory bail before the High Court. Vide order dated 27-6-2001 passed in M.Cr. C. No. 1283/01, his application was allowed. He furnished bail before the Chief Judicial Magistrate. At the time of filing of the charge - sheet, taking cognizance of the offence on the basis of charge - sheet submitted by the police under S.173 of the Code, the Chief Judicial Magistrate proceeded with the matter and against each of the petitioners namely - Motilal, Rudrapal and Gopal, charges under S.420, S.468 and S.471 read with S.120 - B of the IPC were framed on the basis of material contained in the charge - sheet. Aggrieved by the order framing charge, petitioners - Motilal and Rudrapal filed Criminal Revision No. 176/03. Other petitioner - Gopal filed a separate petition registered as Criminal Revision No. 175/03. Both the revision petitions were dismissed by the learned revisional Court vide order dated 21st January, 2004 passed separately in Criminal Revision 175/03 and Criminal Revision No. 176/03. These petitions arise out orders which have been passed by the revisional Court dismissing the revision petitions and affirming the order framing charges by the Magistrate.

3. Assailing the correctness and validity of the order framing charge and the dismissal of revision petition, learned Sr. Counsel appearing for the petitioners in the cases, submitted that no case of framing charge against petitioner - Motilal is made out. His submission is that when, during inquiry, premise