SAHAB SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE challenge herein is to the order of cognizance dated 30.11.2012 whereby the petitioners have been asked to stand trial for the offences of section 307, 504 and 506 IPC, pursuant to the submission of chargesheet against them on 09.10.2012 by the regular police.

(2.) TO shun each and every aspect/fact of the controversy between the rival parties, which already finds place in the judgment of this Court on 06.12.2012, passed in Writ Petitions No.944/2012 and 947/2012, whereby the arrest stay order passed in favour of the petitioners was vacated, suffice it to say that in criminal revision no.231 of 2009, learned Additional Sessions Judge directed the Court of Magistrate for disposal of the protest petition, moved by respondent no.3 -Harbhajan Singh, afresh after appropriate consideration of the averments made in the said petition. In compliance of that order, learned Magistrate directed the police for further investigation on 25.01.2011, which has resulted submission of the impugned chargesheet against the petitioners.

(3.) THE only contention, which has vociferously been put forth by the learned counsel before this Court, is that while hearing the criminal revision no.231/2009, petitioners were not impleaded as rival parties, much less hearing their submissions by the Additional Sessions Judge.