ROSHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C. the accused petitioner Roshan Lal has approached this Court for challenging the order dated 12.5.2014 passed by learned Addl. Sessions Judge No. 1, Sri Ganaganagar affirming the order dated 23.4.2012 passed by Addl. Chief Judicial Magistrate, Sri Ganganagar in Cr. Case No. 926/2011 whereby charges were framed against the petitioner for the offences under Sections 420, 467, 468, 471 and 120B IPC.

(2.) Upon appreciating the arguments advanced by Mr. Pankaj Gupta and the learned P.P. and after going through the impugned orders it is manifest that the trial court did not barely apply its mind to the material available on record before passing the order dated 23.4.201 The order does not indicate application of mind required from the Magistrate as per Section 240 Cr.P.C. and formation of an opinion that the material available on record is sufficient to proceed against the accused.

(3.) In this background, the miscellaneous petition deserves to be and is hereby accepted. The impugned orders dated 12.5.2014 passed by learned Addl. Sessions Judge No. 1, Sri Ganaganagar affirming the order dated 24.2012 passed by Addl. Chief Judicial Magistrate, Sri Ganganagar are hereby set aside. The matter is remanded to the trial court who shall re-hear the parties on the question of charges and proceed to pass reasoned order thereupon within a period of eight weeks from the date of receipt of copy of this order.