HINDU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter comes up for consideration of stay petition, however, with consent of the learned Counsel appearing, the revision petition itself has been finally heard.

(2.) BY the impugned order, the learned Additional Chief Judicial Magistrate hearing the application filed on the side of the prosecution Under Section 169 Cr. P.C. and after considering the matter on merits, dismissed that application and took cognizance against the petitioners Hinduram and Kanaram for the offences Under Sections 307, 147, 148, 149, 341 and 323 IPC and ordered the case to be committed to the Court of Session as the offence Under Section 307 is exclusively triable by the Court of Session.

(3.) IN my view, the matter stands squarely covered by the judgment of Hon'ble Supreme Court in Raj Kishore Prasad reported in 1997 Cr. Law Reporter, SC P. 92 and of this Court in Sukhdass and Ors. v. State reported in 2001 Cr. Law Reporter (Raj.) P. 364. In view of the above decisions, the impugned order cannot be sustained.