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Judgment
This petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the direction of the Revisional Court i.e. learned Additional
District Judge No.3, Jaipur, District Jaipur in Revision Petition No.3/2019 for passing fresh order of cognizance after hearing the accused persons.
Heard learned counsel for both the sides and perused the material made available on record.
Without adverting to the merits of the case, it is suffice to say that as per prescribed procedure, both the parties shall be given due opportunity of
hearing at the time of framing of charge under Section 239/240 Cr.P.C. and appropriate decision shall be taken by the Trial Court regarding discharge/
framing of charges against the accused persons.
Needless to say that the Trial Court shall take its decision independently without being influenced by the order of cognizance. It may discharge the
accused persons from all of the charges or from some of the charges, for which cognizance has been taken or may even frame charges for some
other offences, for which cognizance has not been taken.
Therefore, in view of the above settled legal position, it is not appropriate to stall the progress of this case for the purpose of taking cognizance and
the petition is disposed of with the direction that the Trial Court shall proceed with the matter and take appropriate decision on framing of charges
without being influenced by the order of cognizance and the above direction of the Revisional Court. Applications stand disposed of.