Framing of charge --- Discharge of accused --- Principles -

2023 PCrLJ 1256

Framing of charge --- Discharge of accused --- Principles --- Application of the petitioner was to the effect that no case against him was made out , therefore , charge could not be framed against him --- Validity --- Court was not to delve into the veracity of the documents or the statements made by the witnesses ; even , admissibility of the documents or otherwise was also not the domain of the Court at such stage , as it would be holding a trial within trial --- Sole purpose of S. 265 - D , Cr.P.C was that the report under S. 173 , Cr.P.C. , and the statements and documents submitted provided prima facie basis to proceed with the trial ; if prima facie case was made out , Trial Court was to continue with framing of charge and commencement of trial --- Section 265 - K , Cr.P.C. , provides jurisdiction to Trial Court to discharge / acquit the accused , if it considers that there is no probability . of the accused being convicted of the offence --