MUKESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-petitioner is aggrieved by the order dated 26. 2. 2002 passed by the Special Judge (Forged Note cases), Jaipur, by which the learned Special Judge has framed charges against the accused petitioner for offence under Sections 147, 148, 302/149 nd 323/149 IPC.

(2.) IN nut-shell, the prosecution case is that on the report of complainant Subhash as regards alleged murder of his son Deepak, a case vide FIR No. 164/2000 was registered on 10. 8. 2000 at Police Station, Vidhyadhar Nagar, Jaipur. Having completed investigation, a charge-sheet was submitted against accused Gulab Singh, Keshar Singh, Lokesh, Pushpendra Pareek and Ramesh Chand for offence under Sections 147, 148, 149, 302 and 323 IPC, and further investigation was kept pending. These 5 accused are facing trial in Sessions Case No. 1/2001.

(3.) CONSIDERING the law laid down by the Apex Court in K. Chandrasekhar's case (supra), this Court in Kalu Ram's case (supra) was of the view that before forwarding to the Magistrate a `further' report u/sec. 173 (8) Cr. P. C. , the investigating agency was not required to collect fresh evidence in the course of further investigation.