KARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, under Section 482, Code of Criminal Procedure, the petitioners seek direction to quash order dated 16.6.2003 passed by the Additional Sessions Judge No. 2, Jaipur District, Jaipur, whereby he has confirmed the order passed by the learned Judicial Magistrate, Chomu, adding the applicants-Karan Singh, Laman Singh, Rajkumar Singh, Rajveer Singh and rlukarn Singh to be tried along with the other accused persons in Criminal Case No. 257/98 for offences under Sections 148,147, 427, 447 and 149, I.P.C., on the application filed by the complainant-Man Singh under Section 319 of the Code of Criminal Procedure.

(2.) It appears that on 24.7.1997, respondent No. 2-Man Singh submitted a written report before the S.H.O., Police Station, Govindgarh, District-Jaipur, alleging therein that the accused persons, in Jeep and tractors, entered in his field and destroyed the crop. After usual investigation, the Police laid charge sheet against some of the accused persons. As far as petitioners Karan Singh, Laxman Singh and Rajkumar Singh are concerned, the police submitted a negative report. As regards accused Rajveer Singh and Hukam Singh, the police continued the investigation under Section 173(8) of the Criminal Procedure Code.

(3.) During trial, statements of 14 witnesses have been recorded. At this stage, the complainant filed an application under Section 319 of the Code of Criminal Procedure to add the present petitioners as accused in view of the statements of PW 1 Nathuram, PW 2 Chhitar Singh, PW 3 Narain Singh, PW 6 Amar Singh and PW 8 Prabhu Dayal. The order of the learned Magistrate, adding the accused, was challenged by way of revision before the learned Additional Sessions Judge, District Jaipur. The learned Judge did not consider it a fit case to interfere with the order of the learned Magistrate in revisional jurisdiction.