ROHIT BABUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are the original accused along with other co-accused in criminal complaint dated 19.7.2006 filed before Vejalpur police station, Ahmedabad alleged offences punishable under Sections 143, 147, 149, 148, 307, 332 of Indian Penal Code as also with Section 135(1) of the Bombay Police Act.

(2.) Pursuant to the said complaint, investigation was carried out. Charge-sheet came to be filed on 3.10.2006 which also included offence under Section 333 of IPC. Case was committed for sessions trial and numbered as Sessions Case No.96/2009. In the said case, the petitioners filed application exh.12 and prayed inter-alia that in exercise of powers under Section 227 of the Code of Criminal Procedure, since no offence under Sections 307 and 333 of the IPC are made out, they may be discharged of the said offences. Learned Additional Sessions Judge, Ahmedabad(Rural), Mirzapur, before whom the said application was heard, dismissed the same by his order dated 30.12.2009. This is the order which the petitioners have challenged in the present Criminal Revision Application.

(3.) Before adverting to the rival contentions brief facts may be noted :