MAHESH KUMAR SONI Vs. RAM SWAROOP

JUDGEMENT

(1.) The petitioner-complainant has filed this petition under Section 482 Cr.P.C. against the order dated 18.06.2011 passed by learned Addl. Sessions Judge No. 1, Sikar in criminal revision petition No. 127/2010 (13/2010) whereby the order dated 02.06.2010 passed by learned Judicial Magistrate. Sikar in criminal case No. 197/2008 rejecting the application filed under Section 319 Cr.P.C. for taking cognizance against the accused was upheld.

(2.) Brief facts relevant for the purpose of disposal of this petition are that the petitioner lodged an FIR hearing No. 414/08 against seven named persons for offence under Sees. 143, 323, 341 and 382 IPC at P.S. Raghunathgarh. Distt. Sikar. The police after investigation of the case submitted charge- sheet against five persons and left two named respondents i.e. Ram Swaroop and Ashok Kumar.

(3.) The trial commenced against five persons and six witnesses were examined. It is thereafter that an application under Section 319 Cr.P.C. seeking cognizance against the respondent Nos. 1 & 2 was filed.