BOTHLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S .N. Deedwania, J 1. This petition under Section 482, Cr P.C. is against the order dated October 26, 1978 of the learned Sessions judge Pratapgarh, whereby certain objections of the petitioners as to the legality of their commitment were overruled.

(2.) BRIEFLY , stated the facts relevant for disposal of this petition are these. On 5 -7 -77, in the morning Mohanlal and Bothlal along with seven other persons went to the field of Heeralal and picked up a quarrel. They gave a beating to Heeralal and his wife Mst. Geetabai. Heeralal succumed to his injuries. A case under Section 302 and 307, IPC was registered. The police filed a chargesheet against Prabhulal, Davaram, Ratanlal, Ramlal, Geu(sic)ilal, Bhanwarlal, Mathuralal, Shivlal and Sohanlal for the aforesaid offences. The police, however, did not challan petitioners Bothlal, Mohanlal and Heeralal. Uda complainant felt aggrieved and filed a petition against all the accused including the three petitioners. Learned Magistrate on this protest petition observed that from the challan and the police papers, the offence was also disclosed against Mohanlal and Both Lal. Leaned Magistrate, therefore took cognizance against them. However, Heeralal was not proceed with. Bothlal and Mohanlal then filed a petition Under Section 482. Cr. P.C. in the High Court, which was disposed of by order dated January 16, 1978. The petition was accepted with the following observations:

(3.) IT was argued by the learned Counsel far the petitioners that the learned Magistrate Had already taken cognizance of the offence on the charge sheet filled by the police. He, therefore, could not cake cognizance of the offence over again on the complaint of Uda, complainant and, therefore, could not commit the three petitioners as the challan and police papers did not prima facia disclose their involvement in the crime as held in the order rated January 16, 1978 by this Court.