SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Complainant has invoked the revisional jurisdiction of this Court, assailing the order dated 31.07.2009 passed by learned Additional Sessions Judge, Karnal, in criminal case No. 445 of 2009 pertaining to FIR No. 9 dated 08.01.2009, under Sections 323, 325, 452, 506, 307 read with Section 34 IPC, Police Station Butana.

(2.) The brief facts of the present case, inter-alia, are that the complainant has lodged an FIR with the Police Station Butana, Nilokheri, District Karnal, which is reproduced as under :-

(3.) Having investigated the matter, police has submitted challan before the learned Magistrate under Sections 323, 325, 452, 506, 307 read with Section 34 IPC. The learned Magistrate committed the case for trial to the Sessions Court. Learned Additional Sessions Judge has heard the arguments of prosecution, as well as, the accused party on the question of framing of charge/discharge. Learned Additional Sessions Judge vide impugned order dated 31.07.2009 has opined that case under Section 307 IPC is not made out, hence, case be sent back to the learned Magistrate for trial under Sections 323, 325, 452 and 506 read with Section 34 IPC. Feeling aggrieved, complainant has filed present revision petition assailing the order dated 31.07.2009.