CRR No.737 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.737 of 2011(O&M) Decided on:- 04.08.2011 Ashwani Kumar ......Petitioner Versus State of Punjab .......Respondent Coram HON'BLE MR. JUSTICE MAHESH GROVER Present: Mr.Salil Bali, Advocate for the petitioner. Mr. BBS Teji, Sr. DAG, Punjab. Mr. Rakesh Nehra, Advocate for complainant. **** MAHESH GROVER, J(Oral) This revision petition is directed against the order vide which the learned trial Court has framed charge against the petitioner under Section 304-B IPC and alternatively under Section 302 IPC as well as under Section 498-A IPC. Learned counsel for the petitioner has vehemently contended before this Court that while doing so only the report under Section 173(2) Cr.P.C was considered and no reference has been made to the supplementary challan submitted by the police under Section 173(8) Cr. P.C in which he has been exonerated. A perusal of the impugned order reveals that contention of the learned counsel for the petitioner is not mis conceived. Framing of the charge by a court involves serious implication and there should be some reflection of application of mind to the facts of the case and the material which is placed on record. There is indeed no doubt that charge can be framed even on suspicion if the facts suggest such a suspicion but the Court is certainly bound to take due consideration of the material which has been placed by the investigating agency before it and evaluate the nature and the offence which is to be foisted upon an accused. Apparently the learned trial Court has not noticed that a supplementary challan has been presented and has totally mis directed itself by not referring to it at the time of framing of the charge. CRR No.737 of 2011(O&M) -2- The impugned order is, therefore, set aside and the matter is remitted back to the learned trial Court for re-consideration of the matter while deciding the issue it shall take into consideration the entire material including the supplementary challan and related material before proceeding further. Disposed of as above. Let the needful be done within a period of two weeks' from the date of receipt of the order. 04.08.2011 ( MAHESH GROVER) mamta JUDGE