ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 07.08.2020 BEFORE THE HON'BLE RAHUL CHATURVEDI, J. Application U/S 482 No. 7478 of 2020 Brijesh Kumar & Ors. ...Applicants Versus State of U.P. & Anr. ...Opposite Parties Counsel for the Applicants: Sri Nipun Singh, Sri Upendra Kumar Counsel for the Opposite Parties: A.G.A. Criminal law - Code of Criminal Procedure, 1973- Section 227- Section 228- Discharge- Stage of framing the Charge- Considerations- The object of Sections 227 and 228 of Cr.P.C. is to ensure that, the Court is satisfied that the accusation made against the accused are not frivolous and that there are some material for proceeding against them. The following principles emerge that (i) the Judge while considering the question of framing the charges under Section 228 of the Code, has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out, (ii) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained the Court will be fully justified in framing a charge and proceeding with the trial, (iii) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused, (iv) That in exercising his jurisdiction under Section 227 of the Code the Judge which under the present Code is a senior and experienced court cannot act merely as a Post Office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court. This however does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he is conducting a trial. At the stage of framing the charge, after sifting and weighing the evidence, the court has only to see whether there is some material making out a prima facie case or the same discloses grave suspicion for proceeding against the accused, the court will proceed with the framing of the Charge but where the said material raises only some suspicion instead of grave suspicion then the accused may be entitled to be discharged. Code of Criminal Procedure, 1973- Section 91- Summons to produce a document or a thing- If the investigator is not fair and the material of "sterling quality" are left out from the records of the case, the law courts are not powerless to summon those material/documents which touches the core issue in exercise of power under section 91 of Cr.P.C. To exercise power under section 91 of Cr.P.C.