Harisha and Others vs State of Karnataka

Budihal R.B., J.—Heard the learned counsel appearing for the petitioners/accused persons and also the learned High Court Government Pleader appearing for the respondent-State on admission.

Learned counsel for the petitioners has submitted that Trial Court referring to the judgment of Hon''ble Supreme Court reported in Union of India (UOI) Vs. Prafulla Kumar Samal and Another, , ultimately rejected the application filed under Section 227 of Cr.P.C. The decision is not properly considered by the Trial Court, picking up single sentence of the said decision, the Court proceeded to dismiss the application. Hence, there is no proper appreciation of factual as well as legal aspect by the Trial Court.

Per contra, learned High Court Government Pleader has submitted that the Trial Court after considering the materials, passed proper order in the case. Hence, submitted to reject the petition.

I have perused the grounds urged in this petition and the charge sheet material produced along with the petition so also the order passed by the Trial Court on the application filed under Section 227 Cr.P.C.

As it is rightly submitted by the learned counsel for the petitioners, though the Trial Court has referred to the decision of the Hon''ble Supreme Court in its order at para 11, but there is no discussion about the factual aspect involved in that particular case and how it is made applicable to the case on hand. Therefore, the order passed by the Trial Court clearly shows that materials were not properly considered, so also the judgment of the Hon''ble Supreme Court, as no discussion was taken place in the said order. Hence, to do justice to both sides, I am of the opinion that matter requires to be remanded back to the Trial Court with a direction to consider the application afresh and also to consider the materials collected during investigation so also the decision of the Hon''ble Supreme Court referred by the Trial Court in its order and then to decide afresh, after giving opportunity to both sides.

Hence, petition is allowed. The order under revision is set-aside. The matter is remanded back to the Trial Court with a direction to hear the application afresh and to decide the same in accordance with law.

However, the observations made in this order are only for disposal of this petition and the Court below has to decide the matter without being influenced by the observations made in this order.