SHABBIR ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition under Section 482 Cr.P.C. is preferred to assail the order dated 3.3.2010 passed by learned Sessions Judge, Merta, affirming the order dated 29.7.2008 passed by learned Judicial Magistrate, Merta, rejecting an application preferred under Section 319 Cr.P.C.

(2.) IN brief, facts of the case are that at the instance of the petitioner a criminal case was lodged (FIR No.27/2006) dated 28.3.2006 at police station Merta Road. After necessary investigation a police report was filed as per Section 173 Cr.P.C. alleging commission of an offence punishable under Sections 332, 353 IPC by Shir Chhotu Khan. After recording statements of PW-1 Shabbir Ali (petitioner) and PW-2 Kesharam, an application was preferred under Section 319 Cr.P.C. to add respondent Jagdish Prasad too as an accused. As per the petitioner PW-1 and PW-2 in quite unambiguous terms stated before the court that respondent Jagdish Prasad held the hands of informant and Chhotu Khan gave beating, therefore, Jagdish Prasad too is required to be added as an accused.