RAMESH CHAND Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The present petition has been filed against the order dated 12.11.2009, passed by the learned Additional Sessions Judge, Laxmangarh, District Alwar, in Cr. Revision Petition No. 32/2009, whereby the learned Judge has dismissed the revision petition filed by the petitioner and has confirmed the order dated 26.5.2009, passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate First Class, Kathumar, by which the learned Magistrate had dismissed the application under Sec. 319 Crimial P.C. moved by the petitioner.

(2.) In brief, the facts of the case are that on a written report lodged by the complainant -petitioner, a criminal case, bearing F.I.R. No. 129/2007, was registered at Police Station Khedli against the accused persons, namely Gopal and Rajesh. After completion of investigation, the Police submitted a challan under Sections 323 and 341 only against one accused -person, Rajesh. In spite of there being specific allegations against another accused, Gopal, the Police did not file challan against him. Hence, after the evidence during trial, the complainant through P.P. moved an application under Sec. 319 Crimial P.C. before the trial Court. However, vide prd6r dated 26.5.2009, the trial Court dismissed the said application. Against the said order, the petitioner moved a revision petition. However, vide order dated 12.11.2009, the learned revisional Court while confirming the order 26.5.2009 dismissed the revision petition. Hence, this petition before this Court.

(3.) The main contention of the learned counsel for the petitioner is that Indra (PW-2), petitioner's wife, has specifically mentioned in her statement that Gopal gave her beating and also snatch the gold chain. The said statement has been corroborated by the other witnesses, PW-3 to PW-5. A bare perusal of the F.I.R. as well as the statement of the prosecutrix, there is ample evidence against the accused, Gopal. Hence, he may be impleaded as accused.