JASWANT SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 307/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) is directed against the order dated 15.3.2004 passed by the Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar (for short, "the Revisional Court" hereinafter) whereby the Revisional Court allowed the revision petition filed by Non-Petitioners No. 2 to 5 against the order dated 23.6.2003 passed by the Judicial Magistrate, Raisinghnagar (for short, "the Magistrate" hereinafter) in Criminal Case No. 26/2003. By the order dated 23.6.2003, the Magistrate took the cognizance of the offences under Sections 323, 325, 447, 307, 147, 148, 149 Penal Code against Non-Petitioners No. 2 to 5. Aggrieved by the order of the Magistrate, the Non-Petitioners No. 2 to 4 filed a revision petition before the Revisional Court. By the impugned order dated 15.3.2004, the Revisional Court set aside the order of the Magistrate and allowed the revision petition. Aggrieved by the order of the Revisional Court, the complainant - Petitioner has filed the instant revision.

(2.) I have heard learned counsel for the parties. Perused the orders of the Magistrate as well as of the Revisional Court.

(3.) The Revisional Court allowed the revision petition on the ground that one of the offences, i.e. offence under Sec. 307 Penal Code is exclusively triable by the Court of Session and, therefore, at the time of committal of the case against the accused persons who have been challenged by the police, the Judicial Magistrate was not competent to arraign the other persons as accused who have not been challenged by the Police and while arriving at this finding, place reliance on a decision of the Honourable Supreme Court in Rajkishore Prasad Vs. State of Bihar, 1996 SCC (Cri.) 772 ; and a number of decisions of this Court.