RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the order passed by Sessions Judge, Morena in Criminal Revision No. 146/2005, dated 7.10.05 allowing the criminal revision filed by non- petitioner Nos. 2 to 5 against the order of Judicial Magistrate First Class, Morena in Criminal Case No. 26/2005, order dated 7.7.2005. In the trial Court, petitioner moved an application under Section 190 of Cr. P.C. for taking cognizance against the non-petitioner Nos. 2 to 5. The application was opposed by non-petitioners in the trial Court and the trial Court after hearing the parties allow the application filed by the complainant and taking cognizance under Section 190 of Cr. P.C. and issued non-bailable warrant for arrest in the case.

(2.) Being aggrieved by the aforesaid order, the non-petitioner Nos. 2 to 5 filed revision petition before the Sessions Judge, Morena and after hearing both the parties the court set aside the order passed by the trial court on the ground that case was registered under Sections 147, 148, 149, 307, 294 of IPC and subsequently due to death of Sarnam Singh, the case was also registered under Section 302, read with Section 120-B of IPC. The view of the Sessions Judge is that in case triable by the Court of Session, the Magistrate has no power to take cognizance under Section 190 of Cr. P.C. and, therefore, set aside the order passed by the trial Court.

(3.) The complainant filed this revision petition on the ground that the Revisional Court commits irregularity and illegality by setting aside the order passed by the trial court because under Section 190 of Cr. P.C. the Court can take cognizance even the case is triable by the Sessions Court . In view of Section 190 and 191(b) of Cr. P.C., Magistrate cannot take cognizance if the case is triable exculsively by the court of Session.