'Case Of Judicial Indiscipline': Rajasthan High Court Proposes Action Against Judicial Officer For Ignoring HC Order While Framing Charges

Considering the actions of the trial court as a case of 'disobedience and judicial indiscipline' for ignoring the directions issued by a single bench of the Rajasthan High Court, the Court directed the matter to be placed before the same coordinate bench for taking action against the presiding officer of the concerned trial court.

The bench of Justice Ashok Kumar Jain was hearing a revision petition filed by the accused challenging the order of the Additional Sessions Judge who had framed charges for attempting to murder against the petitioner.

It was the case of the petitioner that despite an order passed by the coordinate bench of the Court in the matter that had set aside the charge and had directed the trial court to pass a reasoned order for framing the charge, the trial court again framed charges for attempting to murder under Section 307, IPC in the absence of any ingredients for the offence or any record available for the same.

It was argued by the counsel for the petitioner that for framing charges under Section 307, either there should be evidence to show that the injuries were caused with an intention to cause death or the injuries must be sufficient to cause death in ordinary course of nature. It was submitted that the present case fulfilled none of these conditions.

Aligning with the arguments put forth by the counsel for the petitioner, the Court highlighted that the injury report clearly depicted that the injuries sustained by the complainant were simple and blunt in nature. Moreover, even in the opinion of the police as well as the medical jurist, the injuries were not dangerous to life.

In this background, the Court held that the trial court not only ignored that order passed by the coordinate bench, but also deliberately passed an unreasoned order, erroneously framing charges under Section 307 when no such charge was made out from any angle. Hence, the Court set aside the order of the trial court and discharged the accused from the charges under Section 307. The Court ruled this to be a case of disobedience and judicial indiscipline.

Accordingly, the revision petition was allowed and the Court directed the matter of disobedience to be placed before the coordinate bench to take action against the concerned presiding officer of the trial court.

Title: Gopal Mehra & Ors. v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 186

Click Here To Read/Download Order