Dungarmal Son of Shri Ramaram v. State of Rajasthan Through the Public Prosecutor
2017-12-21
SANDEEP MEHTA
body2017
DigiLaw.ai
JUDGMENT : SANDEEP MEHTA, J. 1. The instant misc. petition is a glaring example of how the facility of Free Legal Aid Scheme is being misused. 2. Shri R.S Bhati, a lawyer on the penal of the Rajasthan State Legal Services Authority was appointed to provide legal aid to the petitioner under the Free Legal Aid Scheme by order dated 25.01.2017 He has filed this misc. petition under Section 482 Cr.P.C on behalf of the petitioners against the order dated 16.08.2011 passed by the learned ACJM, Bhinmal, District Jalore whereby, charges were framed against them for the offences under Sections 498A, 323 and 406 IPC. 3. As this Court noticed that the petition was totally frivolous, comments were asked from the Secretary, Rajasthan High Court Legal Services Authority who has furnished the same for courts perusal. On going through the comments, it is apparent that the Retainer Advocate gave an opinion that the petitioner's case was fit for filing a writ petition. This Court is of the view that the said opinion was absolutely casual and lackadaisical because a writ petition could not have been filed against an order framing charge by the criminal court. The report also mentions that the Chairman, Legal Services Authority, Jodhpur twice opined that the petitioner's case was not fit for providing free legal aid but thereafter, the Executive Chairman, Rajasthan State Legal Services Authority sanctioned grant of legal aid to the petitioner. The discretion to grant legal aid or not to a particular litigant vests exclusively with the Legal Services Authority but, when legal opinion is sought regarding filing of a particular proceeding in the High Court, it is expected that the same should be offered with a thorough scrutiny of the facts available on record so as to prevent filing of such frivolous petitions. Under the sanction granted by the Legal Services Authority, the learned Panel Lawyer has filed this petition under Section 482 Cr.P.C on 11.08.2017 against an order framing charge passed by the court of the learned ACJM, Bhinmal, District Jalore way back on 16.08.2011 Manifestly, the said order is challengeable in the revisional jurisdiction under Section 397 Cr.P.C before the concerned Sessions Court within a period of 90 days from the date of passing of the order.
The petitioners did not challenge the impugned order framing charge passed by the ACJM, Bhinmal by filing a revision before the Sessions Court, Jalore. A report has been received from the trial court as per which, four prosecution witnesses have already been examined at the trial. Thus apparently, the learned Panel Lawyer has casually filed this instant misc. petition without taking precaution to ensure that a frivolous matter is not presented before this Court and also that the petitioner have misused the forum of Legal Services Authority by procuring the facility of free legal aid without any justification. 4. In view of the fact that the order under challenge is revisable and as trial has proceeded, apparently, the instant petition is not maintainable and is dismissed as such. 5. A copy of this order be placed before the Hon'ble Executive Chairman, Rajasthan State Legal Services Authority.