HARI SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 26.2.2010 passed by the learned Addl. Sessions Judge, Sojat, who set aside the order dated 28.10.2009 passed by the Addl. Chief Judicial Magistrate, Sojat in Criminal Case No. 296/1999 who has declined to frame de-novo charge under Section 326 IPC.

(2.) THE short facts of the case that FIR bearing No. 119/98 was lodged. After usual investigation, charge- sheet was filed against the petitioners for the offences under Sections 147, 148, 149, 459, 325, 324, 323 and 326 and 307 IPC, which was committed to the court of learned Addl. Sessions Judge, Sojat. After hearing the parties, the learned Addl. Sessions Judge, Sojat vide order dated 16.11.1999 remanded the matter back under Section 228,Cr.P.C. to learned Addl. Chief Judicial Magistrate, Sojat with a conclusion that charges under Sections 307 and 326, IPC are not made out against the present petitioners and prima facie, only charges under Sections 148, 452, 325, 324, 323 read with Section 149 IPC are made out against the present petitioners. Thereafter, the learned trial court has also framed the charged under the above sections.

(3.) IN view of the above, this revision petition is allowed and the order of the revisional court dated 26.2.2010 is hereby quashed.