SEVAK GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been directed against an order dated 20.5.2002 passed by the learned Judge, 1st Special Court, Birbhum at Suri in Special Court Case No. 1 of 2002 thereby framing charge against the petitioner under section 409 of the Indian Penal Code.

(2.) From the impugned order it appears that on 20.5.2002 the aforesaid case was taken up by the learned Judge for consideration of charge. The accused was present in Court. Learned lawyer for the accused as also the learned Public Prosecutor were also present in Court. The learned Judge perused the case diary and other materials on record. The learned Judge also heard the learned advocate of the defence as also learned Public Prosecutor and then on being satisfied that there was a prima facie case against the accused person, framed charge under section 409 IPC. Schedule of dates for recording the evidence of PWs was also fixed on and from 19.8.2002 to 26.8.2002.

(3.) The main ground on which the aforesaid order has been challenged is that the order of framing of charge is very cryptic and no reason has been assigned by the learned Judge for framing of charge against the petitioner. In other words, according to the petitioner's learned advocate, the impugned order does not indicate that the learned Judge applied his judicial mind in framing such charge against the accused petitioner.