Allowed

Mangi Lal v. State and Anr.

Rajasthan HC17 Oct 2023CRLR/112/2018

Case brief

AI extract

What is this about?

High Court allowed a criminal revision petition aggrieved by a mechanical order framing charges under IPC Sections 328 and 302. The court found the lower court failed to consider evidence and statements under Section 228 Cr.P.C. The order was set aside and remanded for a speaking order.

What did the court decide?

Impugned order dated 12.01.2018 framing charges set aside and case remanded to trial court for framing speaking order in accordance with law.

Mangi Lal Vs State and Anr. — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JD:35453]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 112/2018

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Mangi Lal S/o Shri Bhera Ram, Village Gulabgarh, Police Station Pallu, Tehsil Rawatsar, District Hanumangarh.

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----Petitioner

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Versus

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The State Of Rajasthan

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Kumbha Ram S/o Shri Lichhman Ram, By Caste Jat, Resident Of Village Maler, Police Station Rajiasar, Tehsil Suratgarh, District Sri Ganganagar.

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----Respondents

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For Petitioner(s)	: Mr. R.S. Choudhary
For Respondent(s)	: Mr. Abhishek Purohit, AGA
	Mr. Rajendra Choudhary, for respondent No.2

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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17/10/2023

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The instant revision petition has been filed by the petitioner against the order dated 12.01.2018 passed by the learned Addl. Sessions Judge, Suratgarh, District Srigangangar, in Sessions Case No.30/2016, whereby the learned trial court framed the charges against the petitioner for offences under Sections 328 and 302 of IPC.

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Learned counsel for the petitioner submits that the learned trial court has without considering the evidence as well as material available on record and framed the charges in a very mechanical manner. Counsel further submits that the learned trial Court while passing the order impugned has not considered the provisions of Section 228 of Cr.P.C. because at the time of framing of the charges against the petitioner, the learned trial Court is duty bound to consider and pass a detailed order, but in the

[2023:RJ-JD:35453]

[CRLR-112/2018]

(2 of 2)

present case the learned trial Court has not considered these important aspect of the matter. Therefore, the impugned order is nothing but a stereotype order which deserves to be set aside.

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Per contra, learned counsel for the State and counsel for the respondent No.1 submit that the impugned order of framing charge is perfectly justified and requires no interference from this Court.

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I have considered the submissions advanced before me and gone through the impugned order of framing charge.

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From the perusal of the order dated 12.01.2018, it appears that the learned trial court while framing the charges has not considered the material aspect of the matter as well as not considered the statement of important witnesses as well as other witnesses and passed the impugned order without application of mind. The impugned order being mechanical in nature deserves to be set aside in the interest of justice.

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In view of above, the order impugned dated 12.01.2018 passed by the learned trial Court is set aside and the case is remanded back to the trial court with the direction to pass an appropriate and speaking order of framing charge, in accordance with law, after giving opportunity of hearing to both the parties and taking into consideration the evidence available on record.

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The instant revision petition stands disposed of. Stay petition also stands disposed of.

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(MANOJ KUMAR GARG),J

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588-Ishan/-

Mangi Lal v. State and Anr.

Case brief

What is this about?

What did the court decide?

Mangi Lal v. State and Anr.

Case brief

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