GIAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Order passed by the Judicial Magistrate 1st Class, Pahewa is non-speaking. He has given no reason whatsoever about the feeling being entertained by him that there existed prima facie case against the petitioner-accused under Section 304-A of the Indian Penal Code. He ought to have incorporated the respective submission made before him by the Public Prosecutor and the counsel for the accused and on given reason why he was repelling the submission made by the Public Prosecutor.

(2.) Impunged order is accordingly set aside and the learned Magistrate is directed to consider should or should not be framed against the the accused. He shall pass a speaking order either framing charge against the accused or declining to frame charge against the accused. Criminal revision petition stands disposed of accordingly. Order accordingly.