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1992 DIGILAW 746 (RAJ)

Ratan Singh v. State of Rajasthan

1992-09-01

N.K.JAIN

body1992
JUDGMENT 1. - This miscellaneous petition is directed against the order dated 9-12-91 passed by learned Munsif and Judicial Magistrate, Sumerpur in Cr. Case No. 688/91. 2. Mrs. Chandralekha accept notice on behalf of the State. 3. As agreed by the learned counsel for the parties, I have heard the case finally and perused the impugned order. 4. This Court has time and again held that while taking cognizance the court below should consider material on record including F.R. and should pass a speaking order. In the instant case, the learned Magistrate, without assigning any reason whatsoever has taken cognizance against the petitioner. In view of this, the matter requires further consideration, therefore, while exercising inherent power of this Court, I deem it just and proper to remand the case back to the MJM Sumerpur with a direction to pass appropriate speaking order after considering F.R., the material on record and after hearing the party. The impugned order dated 9-12-1991, therefore, deserves to be set aside. 5. In the result, this petition is allowed with a direction to MJM, Sumerpur to reconsider the matter and to pass speaking order stating reasons for passing order.Petition allowed. *******