SHIVANNA Vs. THE STATE

JUDGEMENT

(1.) Crl.P.No. 200381/2016 is filed calling in question the order passed by the learned Sessions Judge, Bidar, in Criminal Revision Petition No. 40/2015 dated 09.03.2016. Wherein Crl.P.No.200401/2016 is filed calling in question the order of the learned Sessions Judge in the same revision petition dated 11.03.2016 in framing charges against accused Nos. 1 to 3 and issuing process to the witnesses and fixing the date for trial.

(2.) It is evident from the records that the charge sheet was laid against the petitioner and other accused persons by Gandhi Gunj Police for the offence under Sec. 342 of IPC in CC.No.426/2009 on the file of Prl. Civil Judge and JMFC -II, Bidar. Subsequently during the course of the proceeding the said Court has framed charges for the offence under Ss. 342 and 304 -A of IPC. After framing of the charges the learned JMFC proceeded to record the evidence. During the course of evidence witnesses PWs.30, 32, 34, 35, 36, 38 to 41, said to have deposed that the accused in the said case have illegally detained deceased Maruti in the lockup of Gandhi Gunj Police Station and abetted and instigated the said person to commit suicide in the lockup. Having observed the said evidence, the learned JMFC had committed the case to the Court of Sessions under Sec. 323 of Cr.P.C. Being aggrieved by the said order the petitioner herein has approached the learned Sessions Judge calling in question the order passed by the learned JMFC under Sec. 323 of Cr.P.C. The learned Sessions Judge vide order dated 09.03.2016 in Criminal Revision Petition No. 40/2015 has dismissed the said petition upholding the orders passed by the learned Magistrate.

(3.) When the petitioners have approached this Court calling in question the above said order passed by the learned Sessions Judge, in the meantime it appears learned Sessions Judge has also proceeded to frame charges against the accused for the offence under Sec. 306 of IPC and recorded the plea of the accused and proceeded to fix the date of trial and the trial is also fixed between 31.03.2016 and 06.04.2016. Being aggrieved by the said order also the petitioner is before this Court.