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2013 DIGILAW 791 (RAJ)

State of Rajasthan v. Vikrant @ Vikky

2013-04-22

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 29.08.2012 passed by the Special Judge, NDPS Cases, Jaipur (hereinafter referred to as `the Trial Court') in Sessions Case No. 21/2012, whereby learned Trial Court has discharged the accused-respondent, Vikrant @ Vikky from offence under Sections 8/15 and 8/25 NDPS Act, 1985. 2. Having heard learned Public Prosecutor for the petitioner-State and considering his submissions, 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 29.08.2012, 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.Revision petition dismissed. *******