PURAN MAL AHEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioners against the orders dtd. 21/9/2023 and 8/12/2023 passed by the learned Additional Sessions Judge No. 1, Nimbahera, Camp Badi Sadari, District Chittorgarh whereby the learned Judge framed the charges against the petitioners for offences under Ss. 148, 186/149, 189/149, 283/149, 332/149, 341,149, 323/149, 395/149 and 307/149 of IPC.

(2.) Learned Counsel for the petitioners submits the Trial Court while passing the orders of framing charge against the petitioners did not consider the previous FIRs as well as statements recorded by the police under Sec. 161 Cr.P.C. Counsel further submits that firstly, FIR No. 124/2018 was registered at Police Station Nikumbh, District Chittorgarh for the offence under Ss. 302, 201 and 34 of IPC and thereafter, FIR No. 125/2018 was registered at Police Station Nikumbh, District Chittorgarh for the offence under Ss. 147, 148, 149, 323, 341, 380, 436, 438, 427, and 452 of the IPC. Thereafter, the present FIR No. 126/2018 was registered at Police Station Nikumbh, District Chittorgarh. During investigation in the present FIR, the police also considered the aforesaid FIRs and filed the charge-sheet. Counsel submits that the Trial Court while ignoring the aforesaid FIRs, passed stereotyped orders of framing charge against the petitioners. Therefore, orders of framing charge are absolutely illegal and deserve to be quashed and set aside.

(3.) Learned Public Prosecutor supported the orders passed by the learned Trial Court and contended that learned Trial Court has considered the materials available on record for framing charge against the petitioners and therefore, the orders impugned are not liable to be interfered with in exercise of revisional jurisdiction.