JITENDRA VESHNAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. against the order dated 26.8.2013 passed by the Additional Sessions Judge No.5, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') in revision petition No.66/2013 whereby the revision petition preferred by the petitioner has been dismissed. The petitioner has also challenged the order dated 7.1.2013 passed by the Metropolitan Mobile Magistrate, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') whereby the application filed by the petitioner under Section 190 Cr.P.C. has been dismissed.

(2.) Brief facts of the case are that on the basis of complaint filed by the petitioner, the police filed charge sheet against the accused person for the offence under Sections 297, 337 I.P.C. read with Section 134/187 of Motor Vehicles Act, 1988. The cognizance was also taken against the accused persons for the above mentioned offences by the trial court. At that stage, the petitioner moved an application under Section 190 Cr.P.C. and prayed that the cognizance for the offence punishable under Section 338 I.P.C. may also be taken against the accused.

(3.) The learned trial court, after taking into consideration the material available on record and the material placed by the petitioner before it, has found that from the x-ray report and the opinion of the expert it is not borne out that the injury received by the petitioner is grievous one and, therefore, it is not proper to take cognizance for the offence punishable under Section 338 I.P.C. against the accused.