MANROOP RAM Vs. STATE

JUDGEMENT

(1.) BY way of filing the present petition under Section 482 Cr. P. C. , the petitioner has challenged the order dated 23. 3. 2006 passed by Special Judge, Prevention of Corruption Act Cases, Jodhpur in Sessions Case No. 9/2006.

(2.) IT is contended by the learned counsel for the petitioner that although no case is made out against the petitioner, learned trial Court has passed the order of cognizance. Further, it is contended by the learned counsel for the petitioner that order of the learned trial Judge, summoning the accused must reflect that he has applied its mind to the facts of the case and he has examined the nature of allegations made in the complaint and the evidence in support thereof. As per the counsel for the petitioner in the instant case neither there is any basis for taking cognizance nor any ingredients of offending section are attracted against the petitioner. There is no material on record to connect the petitioner with the alleged crime, therefore, initiating the criminal proceedings and registering a criminal case against the petitioner and putting him to face the trial is totally abuse of process of law and the order impugned deserves to be quashed to secure the ends of justice. Further, learned counsel for the petitioner has raised certain grounds with regard tot he factual aspect of the matter and emphasized mainly on the ground that the learned Special Judge has not even mentioned a word for taking cognizance in the order impugned. IT was incumbent upon the trial Court to at least show in the order that it has applied its mind on the basis of the record to proceed against the petitioner. Therefore, to secure the ends of justice, the impugned order passed by learned trial Court deserves to be quashed and set aside and the petitioner is required to be discharged because there is no material against him to proceed with the trial.

(3.) IN the present case, the petitioner is challenging the order dated 23. 3. 2006 passed by Special Judge, registering the case upon the charge-sheet filed by the prosecution under Section 173 Cr. P. C. The words