1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT State V/s. Deepak Narwani S.B. CRIMINAL REVISION PETITION No.1279/09 S.B. Criminal Revision Petition Under Section 397 of Criminal Procedure Code Date of Judgment :: 10.11.2009. HON'BLE MR.JUSTICE R.S. CHAUHAN Mrs. Alka Bhatnagar, PP for the State. The State has challenged the order dated 06.06.2009 passed by the Special Court (Fake Currency Note) Jaipur City, Jaipur whereby the learned Judge has discharged the accused respondent for offence under Section 302 IPC and for offence under Section 3/25 of the Arms Act. Mrs. Alka Bhatnagar, the learned Public Prosecutor, has contended that, prima facie, there was a case against the accused respondent as he had identified the place of alleged crime. Therefore, the learned Judge was not justified in discharging the accused. Secondly, at the time of framing of charge, the Court is not expected to meticulously examine the 2 evidence. However, the learned Judge has sifted through the evidence. Therefore, he has overstepped his jurisdiction. Heard the learned Public Prosecutor. It is true that at the time of framing of the charge, the meticulous examination of the evidence is not justified. But the learned trial Court has to sift through the evidence in order to see whether a strong prime facie case exists or not against the accused. A bare perusal of the impugned order clearly reveals that but, for the fact that the respondent had identified the place of crime, there is no other linking evidence against him. Considering the fact that the investigation was already over and the charge-sheet had been filed against the co-accused, the mere identification of the place of occurrence is too weak an evidence to connect the respondent to the alleged crime. Therefore, the learned Judge was certainly justified in discharging the accused. In this view of the matter, there is nothing illegal and perverse in the impugned order. Therefore, this petition is devoid of any merit; it is, hereby, dismissed. [R.S.CHAUHAN]J A.Asopa/