MUSHTAQ AHMED Vs. FAROOQ AHMED & ANR.

JUDGEMENT

(1.) In the charge sheet filed by the police for commission of offence under Sec. 307 RPC in FIR No. 142/2013, of Police Station, Ramban against herein Respondent No. 1, learned Sessions Judge, Ramban vide his order dated 01.02.2014 held that offence under Sec. 307 RPC is not made out and further that prima facie offence under Sec. 323 RPC is made out and transferred the case to the Chief Judicial Magistrate, Ramban for trial. Respondent No. 1 in effect stands discharged of offence under Sec. 307 RPC though formal order of discharge was not passed. Petitioner, on whose information FIR was registered, questions the discharge of Respondent No. 1 of offence under Sec. 307 RPC by invoking inherent jurisdiction of this Court under Sec. 561-A Crimial P.C. to seek quashing of the order passed by learned Sessions Judge and issuing a direction to him to frame charge under Sec. 307 RPC against Respondent No. 1.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Prosecution case, briefly, is that Respondent No. 1 was nourishing enmity towards the petitioner. On 19.09.2013 petitioner was standing at the side of the National Highway in wait of boarding a vehicle. Respondent No. 1 came driving a car and as soon as he saw the petitioner he steered his car towards him at a fast speed with criminal intention of causing his death by running him under his car. Petitioner could hardly save his life by jumping over and running away.