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2005 Supreme(Raj) 2458

JITENDRA RAY GOYAL
Jitendra – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Mr. Satish Khandel and Mr. Ashok Chaudhary, for the Petitioner.
Mr. Arun Sharma, Public Prosecutor, for the State.

Judgment

Jitendra Ray Goyal, J.-This Criminal Misc. Petition under Section 482 CrPC is filed against the order dated 30.04.2005 passed by Special Court (Fake Currency Cases), Jaipur City, Jaipur in Criminal Revision Petition No. 69/2005 by which the order passed by Judicial Magistrate No. 6, Jaipur City, Jaipur for framing the charges against the accused petitioner in Criminal Case No. 806/2003 under Sections 380 and 457 IPC was upheld.

2. Heard learned Counsel for petitioner and Public Prosecuter. Learned Counsel for the petitioner contended that there is no iota of evidence against the accused petitioner Jitendra by which he can be connected with the offence.It is also contended that statement of co-accused is not admissible in evidence and on that basis charges cannot be framed. Reliance has been placed on the judgment Dilawer Balu Kurane vs. State of Maharashtra, reported in 2002 CrLR 118 (SC) wherein it was held that while acting under Section 227 CrPC the Judge cannot act merely as post office or a mouthpiece of prosecution but weigh the evidence impartially and thoroughly. In the case of Rambalirajgar ∧ Anr. vs. State of Rajasthan, reported in 2001 CrLR 695 (Raj) it was obser






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