DANISH KHAN Vs. STATE

JUDGEMENT

(1.) Heard Shri Arun Bras De Sa, learned Counsel appearing for the petitioners and Shri C. A. Ferreira, learned Public Prosecutor appearing for the respondents.

(2.) The above revision petition challenges the order dated 6/05/2011 passed by the learned Additional Sessions Judge, South Goa at Margao in Session Case No.4/2011 whereby charges were directed to be framed against the petitioners and other accused under Section 364-A, 394 r/w Section 34 of the Indian Penal Code.

(3.) Upon hearing the learned Counsel appearing for the parties, I find that the learned Judge while passing the impugned order did not have the benefit of considering the judgments relied upon by the learned Counsel appearing for the petitioners as also the judgments relied by the learned Public Prosecutor. Without going into the merits or otherwise of the rival contentions as to whether the judgments relied upon by both the parties are applicable to the facts of the case or not, it would be appropriate that the learned Additional Sessions Judge is directed to decide as to whether there is sufficient material to direct the framing of charge under Section 364-A of the Indian Penal Code, after hearing both the parties in accordance with law. All the contentions of both the parties on merits are left open.