MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner-accused has come to this Court, in this Criminal Misc Petition under Sec. 482 of Code of Criminal Procedure (for short 'the Code') for assailing the order dtd. 6/1/2009 passed by Additional Sessions Judge No.3, Jodhpur (for short 'the revisional court') in Criminal Revision No. 89/2008 titled as Om Prakash Vs. State, whereby the revision preferred by the respondent No.2 Om Prakash (complainant) was allowed and order dtd. 3/4/2008 passed by Judicial Magistrate No.6, Jodhpur (for short 'the trial court') in Criminal Complaint No.32/2007 titled as Om Prakash Vs. Ramakishan was set aside.

(2.) The revisional court while setting aside the said order, directed the trial court to take cognizance against the petitioner for the offences punishable under Ss. 341 and 323 of the IPC and to initiate the trial. This order has been challenged by the petitioner-accused in the instant criminal petition.

(3.) It is not necessary to set out the facts in detail. Suffice it to say that a criminal complaint came to be filed in the trial court by the complainant by arraigning the petitioner, besides some other persons as accused. The complainant sought prosecution of said persons describing the various facts and alleging inter-alia that accused have committed offences punishable under Ss. 458, 427, 363, 147, 148, 379, 365, 323 read with Sec. 149 of the IPC against the complainant and his family members.