SUBHASH @ LALA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision petition, filed by one Subhash @ Lala, seeks the setting aside of the order of the learned Addl. Sessions Judge, Gurgaon, dated 27.02.2013, by which a charge for an offence punishable under Section 307 IPC has been framed against the petitioner.

(2.) The background of the case is that an FIR was registered at the instance of the complainant, one Vijay Kumar, in respect of offences punishable under Sections 147, 148, 149, 323, 452 and 307 IPC, though in the report filed under Section 173 Cr.P.C., before the trial Court, the offences punishable under Sections 452 and 307 IPC, were found to have been not made out and, instead of Section 307 IPC, offences punishable under Sections 279/337 IPC were found to have been made out. However, the learned trial Court came to a prima facie finding, that an offence punishable under Section 307 IPC was also made out and, as such, framed a charge in respect of the same, against the petitioner alone.

(3.) As regards the other offences, they were found to have been made out against the co-accused of the petitioner, but not against the petitioner himself.