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2022 Supreme(Raj) 2687

FARJAND ALI
Jagdish – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mahaveer Bishnoi, Advocate, Gaurav Singh, Advocate

JUDGMENT

Farjand Ali, J. - Despite service, no one is present on behalf of the respondent No.2.

2. Heard learned counsel for the appellant and learned Public Prosecutor for the State.

3. This criminal appeal is directed against the order dated 6.2.2020 passed by learned Special Judge SC/ST Act (Prevention of Atrocities Cases), Sriganganagar, ("the trial court") in Sessions Case No.157/2018 framing charge against the appellant for the offence under Section 3 (1) (x) of the SC/ST Act.

4. A perusal of the order dated 6.2.2020 reflects that the requisite application of mind has not been applied in the matter by the learned trial court while passing the order framing charge. Though meticulous appreciation of evidence is not warranted at this stage, yet it is expected from the learned trial court to aver the facts necessary to show the reasonable belief of the trial court to put the accused for trial.

5. In this view of the matter, the order impugned dated 6.2.2020 passed by the trial court in Sessions Case No. 157/2018 is set aside and the matter is remanded back to the learned trial court to pass a reasoned speaking order without being influenced by this order.

6. The appeal is allowed in th

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