LAWS(RAJ)-2001-9-122

MATHURA PRASAD Vs. STATE OF RAJASTHAN

Decided On September 13, 2001
MATHURA PRASAD Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482 Cr. P. C. is directed against the order dated 22. 4. 1998 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar in Criminal Revision Petition No. 67/1997 whereby the learned revisional Court dismissed the revision petition filed by the petitioner against the order dated 26. 8. 1996 passed by Judicial Magistrate, Sri Ganganagar in Criminal Original Case No. 555/1994 whereby the learned trial Court framed the charges against the petitioner.

(2.) I have heard learned counsel for the petitioner and learned Public Prosecutor. Perused the orders impugned and relevant material available on file.

(3.) IN Kanti Bhadra Shah & Anr. vs. State of West Bengal (1) Hon'ble Supreme Court held as under:- "if the trial Court decided to frame a charge there is no legal requirement that he should pass an order specifying the reasons as to why he opts to do so. Framing of charge itself is prima facie order that the trial Judge has formed the opinion, upon considering the police report and other documents and after hearing both sides, that there is ground for presuming that the accused has committed the offence concerned. "