GAJRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred this revision under section 397/401 of the Criminal Procedure Code feeling aggrieved by the impugned order dated 10-2-2006 passed by the Additional Sessions Judge, Ujjain in Session Trial No. 266/2004 whereby trial Court allowed an application filed on behalf of the prosecution under section 319 of the Criminal Procedure Code and took the cognizance against the present applicant for the offence punishable under sections 302 and 120-B of the Indian Penal Code.

(2.) Brief facts of the case are that at Police Station, Raghavi District Ujjaini registered a case under sections 302 and 120-B of the Indian Penal Code for the murder of one Raju against Laxminarayan and other accused persons and the case has been committed for trial before the Sessions Court, which is presently pending before the Additional Sessions Judge at Ujjain as Session Trial No. 266/2004. In this case, learned Public Prosecutor has filed an application under section 319 of the Criminal Procedure Code with the allegation that there are material evidence on record that present applicant Gajrajsingh is also involved in this incident and due to his instigation, present accused persons have caused the murder of one Raju on the date of incident, therefore, prayed for taking cognizance against the present applicant Gajrajsingh for the offence punishable under sections 302 and 120-B of the Indian Penal Code. Learned trial Court, after hearing both the parties vide impugned order dated 10-2-2006 allowed the aforesaid application filed under section 319 of the Criminal Procedure Code and took the cognizance against the present applicant and ordered for issuance of the arrest warrant against applicant Gajrajsingh. Feeling aggrieved by the aforesaid impugned order the applicant has preferred this revision petition.

(3.) I have heard the Learned Counsel for the parties and perused the record.