KISHUN BODU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Section 439. read with Section 561-A of the Code of Criminal Procedure (hereinafter referred to as 'the Code' ).

(2.) THE petitioners and 15 others-were prosecuted for offences under Sections 302 and 201 read with Sections 120-B' 148 of the Indian Penal Code. After holding an enquiry into the matter, the Magistrate committed the petitioners to the Court of Session for trial alone with two-others namely. Dayaram and Bodhan on charges under Sections 302, 148 and 201 of the Indian Penal Code. The petitioner filed a revision petition in the Court of Sessions against the order of commitment; but it was dismissed. They have therefore, filed this petition.

(3.) AT the hearing of this petition learned Counsel for the petitioners pressed the case of only three petitioners namely. Itwari. Kanhaiya and Bhawar Singh. on the ground that their commitment on the aforesaid charges was illegal as they were not founded on any evidence against them.