MANOHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner-husband of deceased Manju has filed this petition against the impugned order dated 24.2.1997 passed by the learned Judge, Special Court, Merta in sessions case no. 148/1996 (13/92) by which he ordered to frame charge against the accused for the offence punishable under Section 302, 201 IPC. Learned counsel Shri Mehta for the petitioner has raised only one submission, namely that the order passed by the learned Judge is not a speaking order and the learned Judge has not at all dealt with the contentions raised before him before deciding to frame charge against the accused for the offences punishable under Section 302, 201 IPC. He submitted that learned Judge was bound to record atleast some reasons for deciding to frame charge against the accused. In support of this submission he relied upon the Judgment of this Court in case of Ramdeo and another v. State of Rajasthan, 1993 Raj.Cr.Cases 412. He also relied upon the Judgment of this Court in case of Nathmal v. State of Rajasthan, 1991 Cr.L.R. (Raj.) 503 and in case of Vikram Singh v. State of Rajasthan, 1989 Cr.L.R. (Raj.) 675. In Vikram Singh's case (supra) Farooq Hasan, J. (as he then was) allowed the revision petition by a very brief order, which I would like to reproduce :-