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2010 DIGILAW 2074 (RAJ)

Jetha Ram v. State of Rajasthan

2010-12-14

KAILASH CHANDRA JOSHI

body2010
JUDGMENT 1. - Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the impugned order dated 04.08.2010 passed by the learned Addl.Sessions Judge, Ratangarh in Sessions Case No. 2/2010 whereby the learned trial court has framed charges against the petitioners under section 452,323, 323/34, 307 and 307/34 IPC. 2. Learned counsel for the petitioners submits that charges have been framed by the learned trial court without scrutiny of record and without discussing any evidence or relevant facts. 3. Learned counsel for the petitioner relied on the judgment of this Court in Ramdeo and Anr. v. State of Rajasthan, [1993 (18) R.Cr.C. 412] and Mohan Lal Rao and Ors. v. State of Rajasthan, [R.C.C. 2008 (3) 1102]. 4. Having heard learned counsel for the petitioners as well as the learned Public Prosecutor, this Court is satisfied that the impugned order does not meet the requirement of framing the charges, after showing due application of mind by the learned trial court. 5. Accordingly, the order impugned dated 04.08.2010, is set aside and the matter is remanded back to the trial court for framing the charges by passing a speaking order discussing the relevant facts and evidence which has not been done while passing the order impugned. 6. Accordingly the present revision petition is disposed of.Revision Petition Disposed of. *******