ISMAIL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The injured petitioner has filed this revision petition challenging the order dated 28.03.2011 passed by the Additional District and Sessions Judge, Sambhar Lake, District Jaipur in Sessions Case No. 03/2009 whereby his application under Section 319 Cr.P.C. has been dismissed.

(2.) The instant case was initiated on a first information report (280/2008) filed by one Munirdin Deen Maniyar Deen on 9.12.2008 at Police Station Rainwal, District Jaipur. In the said report, it was stated that five persons, namely Mohd. Ayyub Khan, Mohd. Islamudin, Mohd. Iqbal, Mohd. Nasiruddin and Shri Nizamuddin, had come on three motorcycles and assaulted the informant. The informant had sustained grievous injuries and after initially medical aid at Hospital in Rainwal, he was referred to the SMS Hospital, Jaipur. The said report was registered for the offence under Section 143, 341 and 323 IPC.

(3.) On filing of the charge sheet, the learned Magistrate took cognizance for the offence under Section 341, 323, 325 and 308 IPC against the aforesaid three persons. On committal of the case, the learned Court of Sessions framed charges and proceeded with the trial. The prosecution had produced their witnesses during the course of trial and from the statement of Smt. Fatima (PW-4), Shri Munir Khan (PW-6) and Mohd. Ismail Khan (PW-7) recorded by the trial court, it is revealed that the accused Iqbal and Nizamuddin were present at the time of incident and also participated in it. Thereafter, the petitioner moved an application under Section 319 Cr.P.C. for taking cognizance against Iqbal, Maqbul and Nizamudin. As the learned trial court, by his order dated 28.03.2011 dismissed the said application, the petitioner has come before this Court with the prayer that the impugned order be set aside.