Justice Mahesh Chandra Sharma allowed a criminal revision and stay application. The court directed the trial court to decide an application for framing charges before framing them.
Trial court directed to decide application before framing charges; Cr. R.P. and Stay Application disposed.
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S.B. Criminal Revision Petition No.1172/2015 S.B. Cr. Misc. Stay Application No. 4317/2015 (Bablu Versus State of Rajasthan) Date of Order :: 9th September, 2015
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Suresh Sahni) counsel for the petitioner Mr. Deepak Asopa) Ms. Meenakshi Pareek, PP for the State Learned counsel for the petitioner wants
that this cr. revision petition with the following prayer:
“In view of the above cogent facts, law and circumstances of the case, it is most humbly prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 28.8.2015 passed by the learned Magistrate; and may pass any other order(s) which this Hon'ble court deems just and proper in the facts and circumstances of the case.”
Learned counsel wants that this cr. Revision
petition should be disposed of with liberty to the petitioner that if he moves any application before the Court below, then the same should be decided in the light of the judgment delivered by Hon'ble Supreme Court in the case of Dharam Pal and others Versus State of Haryana & Another reported in (2014) 3 Supreme Court Cases 306.
Learned counsel has further pointed out that tomorrow the matter is fixed for framing charge before the Court below.
In this view of the matter, the trial court is directed that the charges, if any, will be framed after deciding the application, if the petitioner
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files the application tomorrow i.e. on 10th September, 2015.
The Cr. Revision Petition as also the stay application both stand disposed of accordingly.
( Mahesh Chandra Sharma)J .
DK
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA
1 issue framed by the court
Whether the charge sheet should be filed before deciding the application for framing of charges?
Colour shows how this judgement treated each authority
Dharam Pal and others Versus State of Haryana & AnotherReferred¶8
(2014) 3 Supreme Court Cases 306
Bablu
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
