Court must apply it‘s judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible.

Sec. 239—Discharge—Prima facie case—Offence of cheating, amassing of wealth and demand of bribe It is a well settled law that at the time of framing of the charges, the probative value of the material on record cannot be gone into but before framing of charge the Court must apply it‘s judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible. Indeed, the Court has limited scope of enquiry and has to see whether any primafacie case against the accused is made out or not. At the same time, the Court is also not expected to mirror the prosecution story, but to consider the broad probabilities of the case, weight of primafacie evidence, documents produced and any basic infirmities etc. In this regard the judgment of ―Union of India Vs. Prafulla Kumar Samal, (1979) 3 SCC 4‖ can be profitably referred for ready reference. 

Case Law:

Pushpendra Kumar Sinha vs. State of Jharkhand, 

Citation:

AIR 2022 SC 3983