Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 2822/2021
1. Vijay S/o Shri Jagdish, Aged About 37 Years, Resident Of Near B.S.N.L. Tower, RIICO Bassi, Jaipur.
2. Lal Chand S/o Shri Jagdish, Aged About 33 Years, Resident Of Near B.S.N.L. Tower, RIICO Bassi, Jaipur. ----Accused-Petitioners-Revisionist Versus
1. The State Of Rajasthan, through the Public Prosecutor.
2. Smt. Shakila Begam W/o Shri Hakim Ahmed, Resident Of Bassi, Police Station Bassi, District Jaipur. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Rajesh Choudhary-GA cum AAG Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND
Order 23/03/2026
1. By way of filing the instant criminal miscellaneous petition, a challenge has been led to the impugned order dated 04.07.2019 passed by the Court of the Additional Civil Judge and the Metropolitan Magistrate No. 32, Bassi, Jaipur Metropolitan by which charges have been framed under Sections 420, 406 and 120-B of the IPC.
2. Aggrieved by the aforesaid impugned order, the petitioners approached the Revisional Court i.e. the Court of the Additional Sessions Judge No. 6 Jaipur Metropolitan-I by way of filing a revision petition, however, the same was also rejected vide impugned order dated 31.03.2021.
3. Aggrieved by the aforesaid, the petitioners have approached this Court by way of filing the instant petition.
(2 of 2) [CRLMP-2822/2021]
4. This Court has perused the impugned order dated 04.07.2019 which reveals that a formal order with charges been framed has been passed against the petitioners in cursory manner. No reasoned order has been passed which reflects that there is total non-application of mind on the part of the Presiding Officer.
5. It is true that at the stage of framing of charges, a detailed
order is not required to be passed by meticulous appreciation of evidence of the witnesses and the defence of the accused is not required to be seen, but at the same time, it is expected from the Presiding Officer to pass a reasoned and cogent order disclosing the facts including the allegations levelled against the petitioners and why the prima facie case is found to be proved against the accused for the purpose of framing of charges for the alleged offences.
6. On this count alone, the order dated 04.07.2019 is quashed and set aside, so also the revisional Court’s order.
7. The matter is remitted to the learned Magistrate for passing a fresh reasoned order, after hearing arguments of both the sides. This order have its effect when the trial has not been proceeded and has not reached to its conclusive stage. If the matter is still at the stage of recording the evidence, this order will have its effect.
8. With the aforesaid observations, the present petition stand
disposed of. Stay application and all pending application(s) if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Puneet/Ashu/8