State of Tamil Nadu vs Basheer

M.K. Mukherjee and S.P. Kurdukar, JJ.—Leave granted. Heard the learned Counsel for the parties.

Over the murder of one Kannuthal on December 15,1991, a case u/s 302 Indian Penal Code was registered by the police and on completion of investigation charge-sheet was submitted against Basheer, the Respondent herein. After committal of the case, when it was taken up for hearing on the question of framing of charge by the Sessions Court the Respondent prayed for his discharge u/s 227, Code of Criminal Procedure The learned Judge rejected that contention and held that the documents referred to u/s 173, Code of Criminal Procedure made out a prima facie case against the Respondent. Aggrieved by the said order the Respondent moved the High Court which quashed the proceeding. The above order is under challenge in this appeal.

It is trite law that at the stage of framing of the charge the Court is only to decide whether a prima facie case has been made out or not and not whether the prosecution will ultimately succeed. We are constrained to say that the High Court, wittingly or unwittingly, failed to adhere to the law so laid down inasmuch as it usurped the jurisdiction of the trial Court to find out whether the Respondent is guilty or not. We have for ourselves gone through the documents referred to u/s 173, Code of Criminal Procedure; and as we find that a prima facie case has been made out against the Respondent we allow this appeal, set aside the impunged order of the High Court and restore that of the Sessions Court.