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2009 DIGILAW 165 (RAJ)

Anwar v. State

2009-01-20

MAHESH CHANDRA SHARMA

body2009
JUDGMENT 1. - By filling instant criminal revision the complainant petitioner has challenged the order dated 5.7.2007 passed by Addl. Chief Judicial Magistrate, Sawai Madhopur (for short 'the trial Court) by which he discharged the accused respondents No.2 to 7 from the charge under sections 147, 342, 379, 392 IPC. 2. I have heard counsel appearing for both the parties and carefully gone through the entire material made available to me. 3. Without going into merits of the case Mr. S.S. Hasan, counsel for the complainant petitioner submits that the trial court has not taken into consideration the grounds which he has raised in this criminal revision, though he had raised the same before the trial court while passing the order impugned dated 5.7.2007 and prayed for remand of the matter. 4. Mr. R.S. Shekhawat PP appearing for Mr. A. Gautam, counsel for the accused respondents submit that the order passed by the trial court is perfectly legal and no interference is required to be made by this Court. 5. From a bare perusal of the order impugned as also the material available on record it is clear that the trial Court has not taken into consideration the material which was made available to him. In my considered view, the order impugned passed by the trial court needs interference of this Court. 6. In the result this criminal revision petition is allowed and the order dated 5.7.2007 passed by the Addl. Chief Judicial Magistrate, Sawai Madhopur is quashed and set-aside and the matter is remanded to the trial court with the direction to take into consideration all the grounds which he has raised in this revision petition. The trial court shall complete this exercise within a period of, 15 days from the date of receipt a certified copy of this order. If the trial Court after hearing comes to the conclusion that the charges are to be framed against the accused respondents then the trial court shall pass afresh order in accordance with law.Revision Allowed. *******