Chaudhary about sale of plot no. 1/H/316, Indra Gandhi Nagar, Jaipur after receipt of advance money with intention to cheat. On the basis of this complaint, FIR no. 293/2008 was registered at P.S. Jyoti Nagar, Jaipur (South). After investigation police has filed a charge-sheet against Puraram Chaudhary under Section 420 of IPC. Learned Additional Chief Judicial Magistrate no.9, Jaipur Metropolitan while considering the charge on 07.10.2015 has directed to frame charge against respondent no.2 (accused) under Section 420 of IPC. The respondent accused Puraram Chaudhary has filed a criminal revision petition before learned Sessions Judge and same was transferred to learned Additional Sessions Judge no.9, Jaipur Metropolitan. Learned Additional Sessions Judge after considering the defence of respondent accused found that the essential ingredient to constitute offence under Section 420 IPC were not made out, and the trial court has committed serious error while framing the charge under Section 420 IPC. 3. Learned counsel for petitioner while placing reliance upon grounds of revision petition has submitted that in the instant case after detailed investigation by police, a charge-sheet has been filed and the trial court after considering the material on record has framed the charges. He further referred the order of revisional court and submitted that the revisional court has considered defence of respondent accused and conducted a mini inquiry, which is not permissible under the law. He also referred the material on record and submitted that under the provision of Section 239/240 of Cr.P.C. the court can consider the material placed on record, forwarded by police in support of charge-sheet but it cannot consider the version of defence. He also submitted
