PANDHARINATH TUKARAM RAUT Vs. MANOHAR SADASHIV THORVE

JUDGEMENT

(1.) THE Applicant No.1 is the original First Informant. On the report lodged by him, a case in respect of offences punishable under sections 307 IPC, 325 IPC, 323 IPC, 147 IPC, 148 IPC, 341 IPC read with section 149 of the IPC came to be registered on 1st April, 2009. In the course of investigation, the Respondent Nos. 1 to 9, who were named as the assailants in the First Information Report, came to be arrested. On completion of investigation, a Charge -Sheet came to be filed in the Court of the Magistrate and as the case included the offence punishable under section 307 of the IPC, which is triable exclusively by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The case was pending before the Court of Sessions for quite some time when the Respondent Nos. 1 to 9 made an application contending that no case of an offence punishable under section 307 of the IPC was made out from the police report and accompanying documents; and that, therefore, the accusation with respect to the said offence be deleted and the case be sent back to the Judicial Magistrate, First Class, Karjat, in accordance with the provisions of section 228(1)(a) of the Code of Criminal Procedure ('the Code' for short). This application was opposed by the prosecution. The learned Judge, however, by the impugned order, allowed the said application stating that the accused were discharged with respect to the offence punishable under section 307 of the IPC. The learned Assistant Sessions Judge directed that the charge with respect to other offences would be framed and thereafter the case would be sent to the Judicial Magistrate, First Class, Karjat in accordance with clause (a) of sub -section (1) of section 228 of the Code for holding a trial in accordance with law.

(2.) BEING aggrieved by the said order discharging the Respondent Nos. 1 to 9 from the accusation of an offence punishable under section 307 of the IPC, the Applicants, who claim to be the victims of the offences, have approached this court by filing the present Revision Application.

(3.) BY consent, the Criminal Revision Application was heard finally at the admission stage itself.