VRAJLAL BHANJIBHAI CHAVDA Vs. ALPESH NANDLAL

JUDGEMENT

(1.) This revision application is directed against order dated 30th September 2008 passed below Exhibit 18 in Sessions Case No.59 of 2008 by the learned Presiding Officer and Additional Sessions Judge, 5th Fast Track Court, Rajkot.

(2.) The short facts for disposal of the present revision application are that the present petitioner filed a complaint with Malaviyanagar Police Station, Rajkot against respondents Nos.1 to 6 for the offences punishable under Sections 302, 498A, 34 and 201 of IPC vice C.R.No.I 31 of 2008 for the murder of his daughter Sangita. The police laid charge-sheet against opponents Nos.1 to 6 after completion of the investigation and the case came to be committed to the court of Sessions as the offences were exclusively triable by Court of Sessions. On committal, the case was registered as Sessions Case No.59 of 2008. Opponents Nos.1 to 6 filed an application Exhibit 13 under Section 227 of the Code of Criminal Procedure, 1973 ( the Code , for short) for discharge from the case on various grounds. The learned trial Judge partly allowed the application and directed to frame charge against opponents Nos.1 to 6 for the offences under Sections 306, 498A read with Section 114 of the IPC vide his order dated 30th September 2008, which is impugned in this revision application at the instance of the original complainant.

(3.) Heard Mr P.S. Gondaliya, learned counsel for the applicant and Mr Neeraj Soni, learned Additional Public Prosecutor for Respondent No.7-State. Though duly served, Respondent s Nos.1 to 6 who are accused persons of Sessions Case No.59 of 2008 have not chosen to enter their appearance either in person or by duly instructed advocate.