VAGHAJIBHAI VELJIBHAI VARSADAVALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the request of the learned counsels appearing for both the parties, this Revision Application is finally heard and the same is disposed of by this final order at an admission stage.

(2.) This Revision Application is preferred by four petitioners-accused persons of Sessions Case No.15/2000, facing trial of the offences punishable under Sections 143, 147, 148, 149, 307, 324 and 337 of the Indian Penal Code; and under Sections 25 (1)(a) and 27 of the Arms Act and also under Section 135 of the Bombay Police Act. On the strength of the complaint filed on 13th October, 1996 an offence being C.R. No.I-295/96 came to be registered with Varachcha Road Police Station, Surat, for the offences punishable under Sections 143,147,148,149, 326 and 337 of the Indian Penal Code; and Sections 25(1)(a) and 27 and also under Section 135 of the Bombay Police Act. On 14th October, 1996, the Police Sub-Inspector dealing with the investigation sent a Yadi to the learned Chief Judicial Magistrate, Surat for addition of the offence punishable under Section 307 of the Indian Penal Code and ultimately, all the petitioners-accused came to be chargesheeted for the aforesaid offences including the offence punishable under Section 307 of the Indian Penal Code.

(3.) When the Court was contemplating to frame charges against the petitioners-accused, the petitioners-accused in exercise of their privilege filed an application below exh.5 under Sections 227 and 228(i)(a) of the Criminal Procedure Code (hereinafter referred to as 'the Code'), requesting the Court to frame the charges under Sections 337, 324 and 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act; and to discharge them from any other serious offence. But the learned Additional Sessions Judge, after hearing the learned Additional Public Prosecutor and the learned counsel defending the present petitioners, allowed the application at exh.5 in part and directed to discharge the petitioners-accused from the charges punishable under Section 326 of the Indian Penal Code and Section 25(1)(a) of the Arms Act. However, the learned Additional Sessions Judge vide his order dated 12th January, 2004 decided to frame the charges for the offences punishable under Sections 143,147,148, 149, 323,324, 337 and 307 of the Indian Penal Code; Section 27 of the Arms Act and also under Section 135 of the Bombay Police Act, which has been brought before this Court by way of this Revision Application.