M. Narayan Rao vs State of Chhattisgarh

K.H.N. Kuranga, C.J.—This petition is listed for admission and order on M. (Cr.) P. No. 3021/2002, application for stay. With the consent of both the Counsel, this petition is disposed of on merits.

Heard both the Counsel.

In this petition, filed u/s 397 read with Section 401 of Cr.PC the applicant, who is one of the accused in S.T. No. 107/2002 pending on the file of the Special Judge (S.C. and S.T. Act), Jagdalpur, has challenged the order dated 18-4-2002 passed by the learned Special Judge (S.C. and S.T. Act), Jagdalpur, framing charges against the applicant for the offences u/s 489B and C of IPC and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (for short ''the Act''). There are seven accused in all in the said case.

Learned Counsel for the applicant submitted that it is the case of the prosecution that on 22-12-2001 at about 12 O''clock, the applicant and other accused persons went in a jeep near Railway Colony, Tokapal and Narendra Jain had taken one note of Rs. 500/- from Renuram and gave five notes of Rs. 100/- to him in exchange, which were fake currency notes. It is the further case of the prosecution that the jeep in which the applicant and other accused persons travelled to Tokapal Village was registered in the name of the wife of the applicant and the applicant was driving the jeep. The learned Special Judge had framed the charges against the applicant u/s 489B & C of IPC also. But, it is not the case of the prosecution that the applicant was found in possession of forged currency notes and he had not used the same as genuine currency notes. Learned Counsel further submitted that this only shows that the learned Sessions Judge has mechanically framed the charges against the applicant without properly considering the material on record placed by the prosecution. He has also produced copy of the charge framed by the learned Special Judge, which shows that the learned Special Judge has framed the charge u/s 489B & C of IPC and Section 3(2)(v) of the Act against the applicant.

Learned Counsel for the State submitted that the learned Special Judge has mechanically framed the charges against the applicant without properly considering the material produced by the prosecution on record.

In the circumstances, the order dated 18-4-2002 passed by the learned Special Judge (S.C. & S.T. Act), Jagdalpur, framing the charges against the applicant cannot be sustained. What applies to the applicant equally applies to the other accused persons also. Therefore, it is appropriate to set aside the order dated 18-4-2002 and direct the learned Special Judge to consider the material on record afresh, hear both the parties and thereafter frame appropriate charges against the applicant and other accused persons. Ordered accordingly and the petition is disposed of.

A copy of this order may be sent to the learned Special Judge (S.C. & S.T. Act), Jagdalpur, forthwith.

Parties are entitled for certified copy of this order.