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PETITION) No. 3799 of 2018 · Rajasthan High Court

PETITION) No. 3799 of 2018ANOOP KUMAR DHAND2 min read

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

1.

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.

2.

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.

3.

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

4.

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.

5.

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.

6.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Rajasthan High Court or eCourts case status (search case no. PETITION) No. 3799 of 2018). ← Search more judgments