RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. praying that order dated 19.07.2010 whereby petitioner was summoned to stand trial by way of warrant of arrest be set aside along with the order dated 13.04.2012 passed by the revisional Court whereby order of the trial Court was affirmed.

(2.) Briefly stated a FIR was lodged by Gurmel Singh S/o Darshan Singh wherein he stated that on 15.08.2004 at about 3.30 p.m. accompanied by Ajay Kumar and Satpal, he was going to meet his sister. At that time Bhanwar Bishnoi came armed with 12 bore Pistol, he was hiding near the bank of canal. Bhanwarlal at that stage fired from the pistol, which hit on the back of Ajay Kumar. Pawan Kumar son of Bhanwar Lal was armed with the lathi at that time two other persons namely Ram Kumar and Rajendra Bhadu were standing armed with Kastia.

(3.) Shri Gurnam Singh appearing for the petitioner has submitted that since in the FIR no overt role was assigned to the petitioner- Rajendra, Investigating Agency found him innocent and submitted negative report qua the petitioner. It is stated that on the protest petition filed by the complainant, statements of the complainant and injured were recorded.