PETITION) No. 3799 of 2018 · Rajasthan High Court
Case at a glance
- Bench
- ANOOP KUMAR DHAND
- Neutral citation
- 2026:RJ-JP:9981
Outcome
Remanded
The matter is remitted to the learned Judicial Magistrate for
Provisions considered
Key paragraphs
- Para 66. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/32
Judgment
Smt. Kamlesh W/o Paras Kumar Mahajan, R/o Nainwan District Bundi, Raj. State of Rajasthan, Jaipur Versus ----Petitioners ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Narendra Singh Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 09/03/2026
By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 31.10.2017 passed by the Judicial Magistrate, Indargarh, District Bundi in Criminal Case No.139/2016 and the successive order dated
28.05.2018 passed by the Sessions Judge, Bundi in Revision Petition No.15/2018.
Vide order dated 31.10.2017, learned Judicial Magistrate has framed charges against the petitioners under Sections 420, 467, 468 and 471 read with Section 120-B IPC. Thereafter, the petitioners filed a revision petition before the Revisional Court and the same was rejected vide order dated 28.05.2018.
Perusal of the aforesaid order dated 31.10.2017 passed by the Judicial Magistrate indicates that no prima facie reasons have been mentioned in the impugned order for framing of charge [2026:RJ-JP:9981] (2 of 2) [CRLMP-3799/2018] against the petitioners. Though, this Court is conscious of the fact that at the time of framing of charge, only prima facie case is required to be seen, but at the same time, this Court cannot lose sight of the fact that at least some reasons are required to be given for framing of charge. The order of framing of charge cannot be passed in a cursory manner, like the order impugned, hence, on this Count alone, the order dated 31.10.2017 and the successive order dated 28.05.2018 passed by the Revisional Court stand quashed and set-aside.
Operative part
The matter is remitted to the learned Judicial Magistrate for passing a well reasoned order after hearing the arguments of the accused, Public Prosecutor and complainant, if any, within a period of one month from the date of receipt of certified copy of this order.
Since the petitioners are not aware about passing of this order, hence, a direction is issued to the Office to supply a copy of this order to the petitioners at their residential address for their intimation and information.
With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/32
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The matter is remitted to the learned Judicial Magistrate for
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.