MANJU BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the informant challenging the order dated 22nd February, 2012, passed by the learned trial court, whereby he has dismissed her application under Section 319 Cr.P.C.

(2.) The application under Section 319 Cr.P.C. was filed on 8th November, 2011 mentioning therein that Dev lal, Dwarka lal, Smt. Kishkindha, Smt. Jagannathi Bai and Raghuveer has been named in the First Information Report (153/2009), but even then the police had not filed challan against them. Further it is submitted that as per the statement of the witnesses recorded during the course of trial, all the aforesaid five persons have been specifically named therein and as such cognizance for the offence inter alia Sections 302, 307, 325 and 323 IPC should be taken and they may be summoned for the trial.

(3.) On behalf of the complainant side, it was argued before the learned court below that during the course of investigation, on the information of Dev lal and Dwarka lal, the weapon of offence was recovered, but the Investigation Officer by proceeding in an erroneous manner filed the report under Section 169 Cr.P.C. in respect of the said two persons. It was also argued that the learned Judicial Magistrate, Hindoli, in an illegal manner accepted the said report under Section 169 Cr.P.C. filed with regard to Dev lal and Dwarka lal.