DHARMENDRA SINGH Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) By way of instant petition under Sec. 482 of the Code of Criminal Procedure the petitioner has challenged the order dated 21st Jan., 2003 passed by the Additional Sessions Judge No. 1, Sri Ganganagar dismissing the revision petition against the order of the Judicial Magistrate No. 1, Sri Ganganagar framing charge against the petitioner for offence under Sections 326, 323, 324, 341, 147, 148 & 149 I.PC.

(2.) Briefly stated that facts of the case are that on 28.7.95 respondent Nihal Singh submitted a written first information report stating inter alia that at at out 3:00 P.M., his brother Attar Singh was attracted by a noise coming from the house. He rushed to the spot and found that Bhajan Singh, Surjit Singh, Charan Singh etc. were assaulting his brother Attar Singh by Kassies and other weapons. It is further alleged that on intervention by his father, injuries were inflicted to him also. On this information police registered a case and proceeded with investigation. It is contended by the learned counsel that as far as petitioner Dharmendra is concerned, neither his name appeared in the First Information Report nor none of the witnesses have referred to his name among the assailants. However, his name has appeared in the charge-sheet.

(3.) I have perused the record. Learned counsel for the respondent has failed to point out any evidence against the petitioner Dharemendra to come him with the alleged crime. In these circumstances, the proceedings against Dharmendra is abuse of the process of law. No useful purpose will be going to serve by continuing the proceedings against the petitioner.