REWATRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the parties including learned Counsel for private respondent Nos. 2 to 7.

(2.) The background leading to this criminal revision under Sec. 397 read with Sec. 401 Cr.P.C. is that petitioner-Rewatram had lodged FIR No. 21/2008 registered with Police Station Rajaldesar against 13 persons. After investigation, the police sent up for trial, only 7 persons named in the FIR for different offences of the Penal Code including under Sec. 308 IPC. Respondent Nos. 2 to 7 were not sent up for trial.

(3.) On the basis of police report, the learned Magistrate took cognizance on 30/6/2008 and on the same day committed the trial to the Court of Sessions in respect of 7 accused, who were sent up for trial.