HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal misc. petition Is directed against the order dated 7.9.2001 passed by Additional Sessions Judge (Fast Track), Jodhpur, in Sessions Case No. 86/2001, State Vs. Pepa Ram , whereby an application filed under section 319 Crimial P.C. by the State was dismissed.

(2.) On an F.I.R. lodged by the petitioner at Police Station, Osian, police investigated Crime Report No. 123 dated 13.8.2000 and filed a final report (charge-sheet) for offences under section 302 I.P.C. and under section 9/51 Wild Life Protection Act and under section 3/25 (i) (b) (a) of Arms Act against the accused Pepa Ram in the Court of Civil Judge (Junior Division) and Judicial Magistrate, First Class, Osian, which was committed to the Court of Sessions Judge, Jodhpur for trial. The learned Sessions Judge, Jodhpur, transferred the case to Additional Sessions Judge (Fast Track), Jodhpur for trial.

(3.) During the trial of Sessions Case No. 86/2001, the trial court recorded statements of P.W. 1 Harlal, P.W. 2 Bharmal Ram & P.W. 3 Bagdu Ram. It is a State case and the State is prosecuting the case through its Additional Public Prosecutor. The petitioner i.e. the complainant, who lodged the F.I.R., has challenged the order impugned dated 7.9.2001 passed by the learned trial court dismissing the application filed by the State under section 319 Crimial P.C.