RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed against the order dtd. 15/6/2023 passed by learned Addl. Sessions Judge No.1, Hanumangarh in Sessions Case No. 15/2022 by which the application filed by the petitioner under Sec. 319 Cr.P.C for taking cognizance against the respondents No.2 & 3 has been dismissed.

(2.) Brief facts of the case are that an FIR was registered by the petitioner complainant against the accused persons including the respondents No. 2 & 3 for offence under Sec. 302, 498A, 34 IPC. The police investigated the matter thoroughly and thereafter, filed a challan against the accused Subhash chandra only. The charges of the case were framed against Subhash Chandra. Thereafter, an application under Sec. 319 Cr.P.C. was filed by the petitioner for taking cognizance against respondents No. 2 & 3 also on the ground that PW/1 Arjun @ Abhay in his evidence has stated about complicity of respondents No.2 & 3 also. The trial court after hearing the arguments over application under Sec. 319 Cr.P.C. rejected the application filed by the petitioner vide order dtd. 15/6/2023.

(3.) Counsel for the petitioner submits that from the perusal of FIR, the name of respondents No. 2 & 3 were mentioned by the complainant in the FIR and all the accused persons harassed the deceased and killed her. It is submitted that PW/1 Arjun @ Abhay in his Court statement has categorically stated that his grand father Shera Ram and grand mother Guddi were involved in commission of murder of his mother. But the trial court without assigning any cogent reason, rejected the application filed by the petitioner, therefore, the impugned order dtd. 15/6/2023 deserves to be quashed and set aside.