RAM RAJ Vs. RAVINDER SINGH AND ORS.

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner-Ram Raj seeks quashing of order dated 22.03.2017 passed by learned Principal Sessions Judge Bhaderwah in case File No.02/Sessions titled State v. Ravinder Singh and ors ., whereby accused-respondents stand discharged of offence under Section 307 and have been charged of offences under Section 325/336/452/34 RPC.

(2.) Facts giving rise to the instant petition are that on 12.09.2016 at about 6:30 am, the accused armed with an iron rod and a stick with an intention to cause hurt pelted stones towards the house of the complainant/petitioner and then trespassed into the house and attacked the complainant and his wife Indra Devi with rod, stick, kicks and blows on head and other parts of the body causing serious injuries. On raising hue and cry some members came to the rescue of the injured, who were shifted to PHC Bhala from where they were referred to District Hospital Doda. On the strength of written report lodged by the complainant, an FIR No. 104 of 2016 for the commission of offences punishable under sections 307/452/34 RPC was registered in Police Station Bhadarwah. On conclusion of the investigation, the police filed the charge sheet against the accused for the commission of offences under 307/452/336/34 RPC. The final report was committed for trial by learned Special Mobile Magistrate Bhadarwah to Court of Sessions Judge for disposal under law.

(3.) It is averred in the petition that the learned Sessions Judge Bhadarwah while framing charges by virtue of order impugned has held that prima facie offence under section 307 RPC is not disclosed against the accused and the offences disclosed against the accused are punishable under sections 325/336/452/34 RPC which are not exclusively triable by the Court of Sessions. As such transferred the case to the Court of learned Special Mobile Magistrate Bhadarwah for trial of warrant cases instituted on police report.