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2018 (1) TMI 1727 - SUPREME COURTCriminal conspiracy - facts of the case do not disclose an offence of cheating and there was no offence of criminal breach of trust - framing charges Under Section 227 of the Code of Criminal Procedure - HELD THAT:- It is well settled that a court while framing charges Under Section 227 of the Code of Criminal Procedure should apply the prima facie standard. Although the application of this standard depends on facts and circumstance in each case, a prima facie case against the Accused is said to be made out when the probative value of the evidence on all the essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of the facts pertaining to such essential elements or to consider its existence so probable that a prudent man ought to act upon the supposition that those facts existed or did happen. However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. It cannot be said that no case can be made out against the Accused--Appellants. Allegedly, the Notifications dated 15-5-1996 and 1-8-1996 were issued without the approval of Cabinet and by violation of rules. Looking at the facts of the case in a holistic manner, it is not necessary to go into the aspect of thorough examination of merits of the case, particularly when the issue is still at the stage of framing of charges only. There is no error in framing charges, as suggested by the High Court, when presumably the material on record obligated the Court to do so. There are no illegality in the impugned order - there are no reason to interfere with the order passed by the High Court - appeal disposed off.
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