GAURI SHANKER AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition under Sec. 482 Cr.PC. the petitioners seek quashing of charges framed against them vide order dated 16.11.1994 for offences under Sections 148, 452, 323, 325/149 and 307 I.P.C. The learned trial court framed the charges under the Sections noticed above. The petitioners denied the charges and claimed trial.

(2.) Learned counsel for the petitioners submits that although number of persons received injuries including the injury of fracture on skull right parietal bone and there are number of persons who sustained injuries but since no specific role has been assigned to various persons and, therefore, the trial court erred in framing the charges against the petitioners. The learned counsel for the petitioners further contends that the order framing charges, is not a reasoned one and, therefore, the trial court committed illegality in framing the charges against the petitioners.

(3.) Learned Public Prosecutor contends that the trial court after considering the entire material placed before it, reached to a prima facie conclusion that there is a ground to proceed against the petitioners for the offences noticed above and accordingly, has rightly framed the charges vide the order impugned. The Honourable Supreme Court in Kanti Bhadra Saha & Anr. Vs. State of West Bengal, reported in 2000 (1) SCC 722 has held that there is no legal requirement for the trial court to write a reasoned or lengthy order for framing the charges.