GOPI RAM Vs. STATE

JUDGEMENT

(1.) In this revision petition filed under Section 397 read with Section 401 Cr.P.C. the petitioner has prayed for quashing the order dated 25.9.1999 passed by Additional District and Sessions Judge, Raisinghnagar in Criminal Case No. 43 of 1996 whereby cognizance was taken against the petitioner on the basis of charge-sheet before commencement of trial.

(2.) According to the facts of the case, in FIR No.1 of 1996 registered police station Srivijaynagar under Sections 147, 148, 149, 307, 392 and 120B IPC, after investigation challan was filed against accused Uda Ram, Dilip Kumar, Shiv Kumar and Badri under Sections 147, 148, 149, 307, 395 and 120B IPC but investigation against the petitioner was kept pending under Section 173(8) Cri. PC.

(3.) After filing challan, for the reason that offence was exclusively triable by Sessions Court, therefore, learned Magistrate committed the case to the Court of Additional District and Sessions Judge, Raisinghnagar and after committal of the case, charges were framed against accused persons Uda Ram, Dilip Kumar, Shiv Kumar and Badri,. During pendency of trial against above mentioned four accused persons, the complainant Arjun Chand filed an application on 21.1.1997 for taking cognizance against the petitioner also before recording prosecution evidence. Learned trial Court took cognizance against the petitioner on the basis of the evidence upon which challan was filed, against co-accused while keeping investigation pending against the petitioner under Section 173 (8) Cr.P.C.