MANU NATH AND ORS. Vs. STATE

JUDGEMENT

(1.) BY present petition, the Petitioners have assailed order dated 16th November, 2009 passed by the learned Additional Sessions Judge in a revision whereby he reversed the Order dated 11th March, 2008 of the learned MM of discharging the accused persons under Section 498A & 406 IPC.

(2.) A perusal of the order of the Ld. MM would show that the Ld. MM considered the material available on record, gave the details of the fact and came to the conclusion that no charge under Section 498A IPC or 406 IPC was made against the accused persons and discharged the accused.

(3.) I consider that this is not what is required to be done by a Court in exercising judicial review. In a revision against charge, if an accused has been discharged, the revision Court cannot brush aside the order of the Trial Court in a casual and mechanical manner as has been done by the learned Additional Sessions Judge in this case.