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2002 DIGILAW 1409 (RAJ)

Lalit Kishore S/o Shri Chatnya Prakash v. State of Rajasthan

2002-08-12

A.C.GOYAL

body2002
JUDGMENT 1. - This revision petition is directed against the impugned order dated 13.9.1997 passed by learned Additional Chief Judicial Magistrate No. 3, Kota in Criminal Case No. 542/1996 State v. Lalit Kishore & Ors. whereby he ordered to frame the charges under section. 498-A & 406 Indian Penal Code against the accused-petitioners. 2. Learned counsel relying upon Satish Mehra v. Delhi Administration & Anr., (1996) 9 SCC 766 , contended that the documents produced on behalf of the accused-petitioners were not considered by the learned Magistrate and this fact is evident from the impugned order dated 13.9.1997, therefore, the case should be remanded for afresh consideration. Learned Public Prosecutor supported the impugned order. 3. In view of the judgment of Hon'ble Apex Court in Satish Mehra's case (supra) it was necessary for the Magistrate to consider the documentary evidence produced by the accused-petitioners at the stage of framing the charge. Learned Magistrate in para 6 and para 7 of the impugned order observed that the documents produced on behalf of the accused persons can be taken on record but the same would be considered during the trial and not at this stage. This finding is contrary to the law laid down by Hon'ble Supreme Court in Satish Mehra's case (supra). Therefore, this preliminary objection raised by learned counsel for the accused-petitioners is accepted. 4. Consequently, this revision is allowed and the impugned order dated 13.9.1997 is set aside and the matter is remanded to the learned Trial Magistrate to decide afresh after providing an opportunity of hearing. Parties are directed to appear before the Trial Court on 24.8.2002 and the record of the trial Court shall be sent back immediately.Revision petition allowed. *******