RANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by the petitioner challenging the order dt. 25.6.1997 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar in Sessions Case No. 53/96, whereby the learned Sessions Judge took cognizance of the offences under Section 307 I.P.C. and Sections 27 and 30 of Arms Act against the petitioner and one Bakar Singh @ Bikar Singh.

(2.) AGGRIEVED by the aforesaid order, the petitioner Ranjeet Singh has filed the present petition.

(3.) FIRST Information Report No. 99/94 was lodged by one Gamdur Singh at Police Station, Matiloratan against four persons namely Smt. Sujan Kaur, Raghuveer Singh, Ranjeet Singh and Bikar Singh for offences under Section 307 I.P.C. and Section 27 of the Arms Act. After investigation, police filed charge -sheet under Section 173 of the Cr.P.C. against Raghuveer Singh and Sujan Kaur. However, after investigation, police reached to the conclusion that no offence is made out against the petitioner Ranjeet Singh and one Bikar Singh. The complainant filed a protest petition before the learned Judicial Magistrate, Sri Ganganagar. Vide order dt 4.5.1995, the learned Magistrate reached to the conclusion that no prima facie offence is made out against the petitioner Ranjeet Singh and one Bikar Singh and accordingly, the protest petition filed by the complainant was rejected and the case was committed to the Court of learned Sessions Judge, Sri Ganganagar vide order dt. 4.5.1995. Vide order dt. 4.8.1995, learned Sessions Judge, Sri Ganganagar transferred the case to learned Additional Sessions Judge No. 1, Sri Ganganagar for trial which was registered as Sessions Case No. 53/96. On 18.10.1995, learned Additional Public Prosecutor filed an application under Section 193 Cr.P.C, whereby it was requested that cognizance be taken against the petitioner Ranjeet Singh and one Bikar Singh for the aforesaid offences. Vide order dt. 25.6.1997, the learned trial Court took cognizance against the petitioner Ranjeet Singh and one Bikar Singh for the offences under Section 307 I.P.C. and under Sections 27 and 30 of the Arms Act.