Union Of India vs Prafulla Kumar Samal & Anr on 6 November, 1978
In the decision of the Honourable Supreme Court reported in Union of India vs. Prafulla Kumar, 1979 (3) Supreme Court Cases 4, as well as in the decision rendered in Dilavar Balu Kurane vs. State of Maharashtra (2002) 3 SCC 135 it was categorically held that the Judge, while framing the charge under Section 227 is having power to fix and weigh the evidence for the limited purpose of finding out whether a prima facie case is made out against the accused or not. It was further held that whether while considering the question of framing the charge.