ATIBAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition filed by the petitioner is directed against the order dated 8-3-91 passed by the Sessions Judge, Bhind, in Criminal Revision No. 188 of 1989, whereby the learned Sessions Judge, has set aside the order dated 27-9-89 of the Judicial Magistrate First Class Bhind passed in Criminal Case No. 35 of 1989 refusing to join the petitioner Atibal Singh in the array of the accused persons and accordingly rejecting the application of complainant-non-petitioner No. 2 Kripalsingh made in that behalf.

(2.) Facts giving rise to this revision petition are as follows :

(3.) The injured non-petitioner Kripalsingh filed an application under S. 319, Cr. P.C. before the learned Magistrate praying that the said Atibalsingh be also summoned as an accused in the case. But the learned Magistrate by order dated 27-9-1989 dismissed the said application holding that as the offence under S. 307, IPC was exclusively triable by the Court of Session, no evidence could be received before the committing Magistrate and as such the application under S. 319, Cr. P.C. is premature and the applicant was free to move such an application in the Court of Session at the proper time.