Suman Naik And Satyananda Das vs Union Of India on 24 April, 2001
In 89 (2000) C. L. T. 680 (Narendra Chand Mehta v. State of Orissa) this Court has held that unfounded presumption is not to be regarded as a valid presumption so as to frame a charge. Magistrate is required to apply his mind and not to make a superficial analysis of the materials on record while framing a charge and satisfaction of trial court regarding existence of a prima facie case is necessary during framing of charge.