AMANDEEP SINGH Vs. STATE

JUDGEMENT

(1.) Instant criminal appeal under Sec. 14(A) of SC/ST Prevention of Atrocity Act has been filed against the order 3/10/2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Sri Ganganagar whereby the learned Judge framed the charges against the appellant for offence under Ss. 341, 323 IPC and Sec. 3(1)(R)(S) of SC/ST Act.

(2.) Learned counsel for the appellant submits that the learned trial court while passing the impugned order of framing charge has not properly considered the material aspect of the matter as well as not properly looked into the evidence. The impugned order is a non-speaking order and has been passed without application of mind. So in these circumstances, the order impugned may be quashed and set aside and the matter may be remanded back to the trial Court to pass a fresh and speaking order of framing charge.

(3.) Per contra, learned Public Prosecutor submits that the impugned order of framing charge is perfectly justified and requires no interference from this Court.