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4 . Learned Senior counsel for the petitioners submits that in brief the matter is related to framing of charges under Section 370 of IPC. Learned counsel mainly contended that in this case FIR was lodged under Section 75 & 79 of Juvenile Justice Act and 370 of IPC, however, charge sheet was filed only under Section 76 & 79 of Juvenile Justice Act and offence under Section 370 of IPC was removed from the charge sheet, in spite of the removal of offence under Section 370 of IPC, learned trial Court has wrongly framed charges under Section 76 & 79 of Juvenile Justice Act and Section 370 of IPC, whereas offence under Section 370 of IPC is not made out at all.

7. Having heard the rival submissions of counsel for the parties, the record of the case has been perused.

8. Now, the question for consideration arises as to whether the impugned order passed by the learned trial Court with regard to framing of charges under Section 370 of IPC, is improper, illegal or incorrect?

9. It is pertinent to quote here Section 370 of IPC, which reads as under:

10. Learned Senior Counsel has vehemently submitted that in the present case prosecution itself is of the opinion that no case under Section 370 of IPC is made out against the petitioners as there was no evidence in relation to this offence. Under these circumstances framing charge under Section 370 of IPC by the trial Court without assigning any specific reason could be assumed in accordance with law. Learned counsel further submitted that none of the ingredients of offence under Section 370 of IPC is made out hence the charges under Section 370 of IPC cannot be framed. On this aspect learned counsel relied upon the law laid down by Hon'ble Apex Court in the case of Honnaiah T.H. vs. State of Karnataka and Ors reported as 2022 SCC OnLine SC 1001. In this case Hon'ble has opined regarding the interlocutory orders and final orders and the maintainability of revision petition. Since this court is already of the view that the revision petition is maintainable against framing of charges the view of Hon'ble Apex Court has already been followed by this Court.

18. In view of the aforesaid principles, I have gone through the evidence available on record and on careful perusal of the documents filed with the revision petition, particularly, the charge-sheet, prima facie, well founded the case for the offence punishable under section 370 of IPC, is made out against the petitioners for framing the charges. At the stage of framing the charges, the Court cannot apply its judicial mind for scrutinizing the fact as to whether that the evidence available on record is sufficient for conviction or not. In a case, pertaining to the revision under Section 306 of IPC, the view of this Court in the case of Ravi Kumar Pandey vs. State of M.P. [2018 Law Suit (MP) 2190] is worth to refer here as under:-.