KISHORBHAI GANDABHAI PATHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present revision application, preferred under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), is directed against the judgment and order dated 16. 12. 2008 passed by the learned City Sessions Judge, ahmedabad in an application below Exh. 20 in Sessions Case No. 175 of 2007 by which, the learned Judge rejected the application for discharge preferred by the petitioners under Sections 227 and 228 of the Code.-

(2.) THE F. I. R. was lodged by Meenaben w/o Arunkumar Prayagraj jha on 26. 09. 2003 against the petitioners and other persons for the offence punishable under Sections 324,323,294 (6), 506 (2) and 114 of ipc as well as under Section 135 (1) of the Bombay Police Act. The offence punishable under Section 307 of IPC was added subsequently.

(3.) THE investigating officer, after completion of the investigation, submitted Challan for the offence punishable under Sections 307, 324, 323, 294 (B), 506 (2) and 114 of IPC as well as Section 135 (1) of the bombay Police Act. The said challan was filed in the Court of learned metropolitan Magistrate and he, in turn, transmitted the same to the sessions Court as the offence punishable under Section 307 of IPC is triable by the Sessions Court. The said case has been recorded as Sessions case No. 175 of 2007.