I.M. Quddusi, J. - (1.) This petition under Section 482 Cr.P.C. has been filed for quashing of the criminal proceedings after submission of the charge-sheet filed by the police.
(2.) There is no sufficient material available on record before this court to appreciate as to whether a prima facie case has been made out or not and this court also cannot appreciate the order passed by the learned court below in the absence of the material on the basis of which the order was passed.
(3.) There are two types of cases, one triable by the learned Magistrate and the other triable exclusively by the Court of Sessions. In case the case is triable by the Judicial Magistrate, Section 239 Cr.P.C. shall apply when the case is a warrant case, under Section 239 Cr.P.C. It is always open for an accused to raise objection in case in his opinion no case is made out on the basis of the material available on record filed in support of the charge-sheet. The provisions of Section 239 Cr.P.C. are quoted as under : "When accused shall be discharged. - If upon considering the police report and the documents sent with it under Section 173 Cr.P.C. and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reason for so doing.";