HAZARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a revision against the order dated 21.8.1997 passed by the learned A.S.J. Rajgarh (Biaora) in S.T. No. 80/97 whereby taken the cognizance against all the accused persons u/s 193.

(2.) THE submission of Shri Vivek Singh L/c is that the committal Court by order dated 15.4.1997 only committed the case against Gopal S/o Bhagirath and Jagdish S/o Bhagirath for the offence u/Ss. 452, 307, 294, 147, 148, 149, therefore, the A.S.J. cannot take cognizance against all the accused persons. In reply the submission of Shri Salim, learned Panel Lawyer for State is that u/s 209 Cr.P.C. committal Court is not empowered to commit the case only against few accused persons leaving the rest of the accused persons.

(3.) IN view of the aforesaid provisione be order passed by the learned ASJ, Rajgarh for taking cognizance against all the accused persons against whom charge sheet has been filed appears to be legal and justified and accused persons cannot challenge the said order on the ground that the committal Court has not committed the case against them. Once case is committed to the Sessions Court, the Sessions Court having complete jurisdiction of the Court of original jurisdiction to take cognizance in the matter. This view stands concluded by the principle laid down by the Supreme Court in the case of Nisar and another v. State of U.P. (1995) 2 SCC 23 : -