JAGGA @ JAGVIR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner-applicants have preferred this criminal misc. application under section 482, Crimial P.C. for recalling the order dated 17.8.2011 passed by this Court whereby the Criminal Misc. Petition No. 1148/2006 under section 482. Crimial P.C. was dismissed.

(3.) The brief relevant facts for the disposal of this application are that at the time of pronouncement of judgment on 1 1.3.2004 in Regular Criminal Case No. 286/2001 the Court of Additional Chief Judicial Magistrate, Laxmangarh, District Alwar took cognizance against the petitioners under section 319, Crimial P.C. for the offences under sections 148. 323, 325/149 and 326/149, I.P.C. and it was ordered that the petitioners be summoned through warrant of arrest. Against the order of cognizance, the petitioners filed a Revision Petition No. 39/2004 before the Revisional Court i.e.. Additional Sessions Judge, Laxmangarh, District Alwar but the same was dismissed vide order dated 21.4.2006. Both the orders dated 1 1.3.2004 and 21.4.2006 were challenged by the petitioners by way of S.B. Cr. Misc. Petition No. 1148/2006 before this Court on the ground that cognizance under section 319. Crimial P.C. cannot be taken by a Court at the fag end of the trial while pronouncing final judgment against the persons who were facing trial before the Court. It was also submitted that according to section 319. Crimial P.C. cognizance against a new person can be taken only when the trial against the present accused is still going on and as in the present case the trial against the present accused was already concluded and final judgment and order was pronounced by the Trial Court. therefore. cognizance taken against the petitioners is bad in law by the reason that they cannot be tried alongwith the present accused, as against them the trial has already been concluded. The petitioners relief upon the case of Siya Ram Vs. State of Rajasthan, 992 RCC 105 (Raj) .