Research › Browse › Judgment

Rajasthan High Court · body

1999 DIGILAW 39 (RAJ)

Rajmal v. State

1999-01-11

G.L.GUPTA

body1999
JUDGMENT 1. - Public Prosecutor is directed to accept notice. 2. These revision petitions have been filed against the order dated 29.7.98 passed by learned Special Judge, Anti Corruption Cases, Jodhpur, whereby he framed charges against the petitioners under Section 120-B, 420, 467 & 468 IPC. 3. Mr. Choudhary and Mr. Charan point out that the impugned order iS' not a speaking order as it has not been stated as to on what material charges have been framed against the petitioners. They submit that the case may be sent back to the Special Judge for passing speaking order in the matter. 4. A reading of the order shows that it has not been stated as to what material has been produced against the petitioners on which the charges have been framed. True it is, the Court is not required to pass a detailed order while framing a charge, yet the order must indicate that the Court had applied its mind to the material and the arguments advanced on behalf of the parties. As the order under revision lacks in that respect, it is considered proper to set-aside the order qua the petitioners. 5. The revision petitions are allowed. The order under revision qua the petitioners is set-aside. It is directed that the learned Special Judge shall pass speaking order after hearing the counsel for the parties in the light of observations made above.Revision Allowed. *******