- (1.) Heard learned counsel for the petitioners and learned AGA.
(2.) Submission of learned counsel for the petitioners is that on the basis of statement recorded under Section 161 Cr.P.C., no offence is made out against the petitioners. It is also submitted that when the evidence in regard to the participation in crime is not available, then the trial cannot proceed against the petitioners.
(3.) Be that as it may, the question whether the evidence is available or not is to be appreciated by the trial court as and when charge is framed and the petitioners have got full opportunity to place the material and law before the trial court at the time of framing of charge and get themselves discharged in absence of any evidence.;