ANSARUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/complainant has directed this revision against the order dated 22nd July. 1994 rendered by XVI Additional Sessions Judge. Indore in S.T. No. 593/93, thereby discharging the non-applicant Nos. 2 and 3 of the proposed charges under Section 307/34 I.P.C. and remanding the case to the Judicial Magistrate First Class. Depalpur for trial for the offence punishable under Section 324/34 LP.C, under the provisions of Sec. 228 of the Code of Criminal Procedure,

(2.) The case of the prosecution in short, is that on 3rd February, 1993 at about 12.50 p.m. at village Depalpur, non-applicant No.2 Abdul Kadir armed with a knife and non-applicant No.3 Naimuddin went to the house of the complainant and, quarrelled with the complainant and voluntarily caused serious injuries to the complainant by means of knife. On the report of the complainant/applicant, an offence under Section 307/34 I.P.C. was registered against non- applicant Nos. 2 and 3 at Police Station, Depalpur.

(3.) Police Depalpur on investigations, filed challan against non-applicant Nos. 2 and 3 under Sec. 307/34 I.P.C. in the Court of J.M.F.C., Depalpur. On receipt of the case on committal, learned Additional Sessions Judge, while considering the case on Charge, declined to frame charge against non-applicant Nos. 2 and 3 for the offence under Section 307/34 I.P.C. and remanded the case to the J.M.F.C., Depalpur in terms of provisions of Section 228 Cr. P.C. for trial of the non-applicants for the offence under Section 324/34 I.P.C. Aggrieved, the applicant has filed this revision against the impugned order of the Additional Sessions Judge.