- (1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.
(2.) I am of the considered opinion that the learned Addl. Sessions Judge, Kaithal had exceeded his jurisdiction while coming to the conclusion that prima facie no offence is madeout. We all know that charge can be framed even on strong suspicion. The merits of the case could not be touched by the learned Additional Sessions Judge at the time passing of the order.
(3.) In this view, of the matter, the judgment dated 3.12.1997 passed by the Court of Addl. Sessions Judge, Kaithal is hereby set aside; the order passed by the leaned Magistrate is hereby restored and the case is remanded back to the Court of learned Magistrate, who is directed to proceed with the trial according to law. Directions are also given to the Magistrate to exempt the personal appearance of the accused.;