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1999 DIGILAW 50 (RAJ)

Laxmi Kant Bohara v. State of Rajasthan

1999-01-12

G.L.GUPTA

body1999
JUDGMENT 1. - This revision is directed against the order dated 5.10.98 passed by the learned Special judge (Prevention of Corruption Act), Jodhpur whereby he framed charges against the petitioner for offence under section 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988 and 120-B, 420 and 468 IPC. 2. Mr. Thakur contends that in the order the learned Special Judge has not made a mention of the material on which charges have been framed against the petitioner. He points out that the petitioner had complied with the resolution of the Board dated 29.6.92 and, therefore, charges could not be framed against him. His submission is that the order of framing the charge may be set-aside and the trial court be directed to pass speaking order after hearing him. 3. Learned Public Prosecutor submits that the learned Special Judge ought to have made the mention of the documents or statements on the basis of which charges have been framed, therefore, the matter may be remanded. 4. A reading of the order shows that Special Judge has not made a mention of the material on the basis of which he has framed the charges. It is true that while framing the charge, the court is not required to pass a detailed order but it is necessary that the order indicates that the court had gone through the material placed on record. The order only indicates that the learned Judge went through the record and he found prima-facie case. The order is obviously a non-speaking order as it does not show that the learned Judge had applied his mind to the arguments and the material placed on record. It is proper to set-aside the order and send the case back to the trial .court to decide as to whether charges can be framed against the petitioner and if so, under which sections. 5. Consequently, the revision petition is allowed. The impugned order, so far as it relates to the petitioner, is set-aside. The learned Special Judge is directed to hear the counsel for the petitioner and the Public Prosecutor and pass speaking order as to the framing of the charge/s.Revision Allowed. *******