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1991 DIGILAW 352 (RAJ)

Nathmal v. State of Rajasthan

1991-04-11

FAROOQ HASAN

body1991
JUDGMENT 1. - Heard learned counsel for the petitioner. This misc. petition is directed against the order dated 27-3-1990 passed by Sessions Judge, Jhunjhunu whereby he framed charge under Section 3/7 Essential Commodities Act against the accused-applicant, The learned counsel submits that at the relevant time he was having a licence but the same was not renewed. He further submits that in view of the Government notification issued on 16-6-1981 charge could not have been framed against the petitioner. He further submits that the learned Sessions Judge did not pass a speaking order and a look at the order shows that before passing the impugned order the learned Sessions Judge has not applied his mind on the material available before him because he failed to assign reasons as to why and on what basis the charges have been framed against the accused-petitioner. 2. The learned Public Prosecutor submits that in case the Court feels that the order is not a speaking one then a direction may be issued to the learned Sessions Judge to pass a speaking order on the material available on the record. 3. I have considered points raised by the learned counsel for the petitioner and perused the impugned order dated 27-3-1490, I am of the opinion that the impugned order is not a speaking one and the learned Sessions Judge failed to give any reason as to why and on what basis, the charges have been framed against the accused-applicant. In these circumstances the matter requires further consideration. 4. This misc. petition is, therefore, allowed and I set aside the impugned order dated 27-3-1990 and direct the Sessions Judge, Jhunjhunu to re-consider the matter. It will be open for the petitioner to raise the points before the learned Sessions Judge as and when the occasion arise, which he wants to raise before this Court. 5. The Sessions Judge, Jhunjhunu is directed to reconsidering the matter, and to pass a speaking order stating to reasons for framing the charge and after considering the points to be raised by the petitioner, especially Government notification dated 16-3-1981. *******