LAWS(DLH)-1996-4-13

NARENDER KUMAR Vs. STATE

Decided On April 25, 1996
NARENDER KUMAR Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) On May 6, 1992 the learned Addl Sessions Judge framed charge u/S. 147/148/149 and u/S. 302 read with S. 149 of the Indian Penal Code . against the present petitioners. Feeling dissatisfied, they have preferred this criminal revision.

(2.) Even the learned Counsel for the State has, I must record, found the order indefensible, The order justifying the framing of charges runs.

(3.) As would be borne out from the order itself there is no dicussion over the facts and the law. The order does not even mention as to what the rival contentions were. It does not even provide reasons in support of the order. Merely saying that "prima facie" case is made out cannot be treated as enough. There is thus nothing to assure application of judicial mind. I don't treat it as a speaking order. Positively it is not. More so, when facts are taken note of.