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2013 DIGILAW 1033 (RAJ)

State of Rajasthan v. Abhishek Meena @ Kanaram

2013-05-17

NARENDRA KUMAR JAIN II

body2013
JUDGMENT 1. - This revision petition under Section 397 Cr.P.C. is directed by the petitioner-State against impugned order dated 11.12.2012 passed by the Special Judge, NDPS Cases, Jaipur(hereinafter referred to as `the Trial Court') in Sessions Case No. 34/2012, whereby learned Trial Court has discharged the accused-respondent, Abhishek Meena @ Kanaram from offence under Section 8/29 NDPS Act, 1985. 2. Having heard learned Public Prosecutor for the petitioner-State and considering the submissions made on behalf of the petitioner-State, I have carefully perused impugned order and material available on record. 3. The order framing of charges affects a person's liberty substantially and, therefore, it is duty of the Court to consider judicially whether the material warrants the framing of charges or not.It cannot blindly accept the decision of the prosecution that the accused be asked to face the trial. 4. Looking to the facts and circumstances of the present case, evidence available on record and upon careful perusal of the aforesaid order passed by the Trial Court, I find no error, illegality or perversity in the impugned order dated 11.12.2012, by which the respondent has been discharged form the charges levelled against him. 5. Consequently, revision petition fails, being devoid of merits, and the same is hereby dismissed. *******