MONU AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) - This Criminal Revision under section 397, 401 of Cr.P.C., 1973 has been filed by the petitioners being aggrieved by order dated 22.06.2018 passed by the Court of III Additional Sessions Judge, Shivpuri in S.T. No. 235/2017 framing charges against the petitioners under Section 467, 468 read with Section 109 of IPC.

(2.) Learned counsel for the petitioners submits that the order of framing charge is cryptic and there is no specific application of mind as is mandated in the light of the law laid down by this High Court in case of Hemraj and Ors. v. State of M.P. as reported in 2003(4) M.P.L.J. 198 , wherein it has been held that while framing charges against the accused trial Judge is suppose to consider case of each and every accused individually to find out whether any offence has been committed on the basis of material brought on record.

(3.) Placing reliance on such judgment of this High Court it is submitted that impugned order reveals that there is no application of mind and therefore, petition deserves to be allowed and the order framing charge be quashed and matter be remanded back to the Court of III Additional Sessions Judge, Shivpuri to apply mind to case of each individual petitioner.