Code of Criminal Procedure, 1973–Sec. 228–Framing of charge– Functions of trial Court in regard to looking the primafacie strong case–Held, Judge is not merely a post-office to frame the charge at the behest of prosecution
but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out or not–Court is required to enter into the pros and cons of matter or into weighing the balance of evidence and probabilities, which is really his function after the trial starts–At the stage of framing of charge, judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused.
