KALAMUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition under Section 397/4001 of the Criminal Procedure Code, 1973 (for short `the Code' hereinafter) is directed against the order dt. 13. 10. 2004 passed by Additional Chief Judicial Magistrate, Makrana (for short `the ACJM' hereinafter) in case arising out of FIR No. 130/2004, Police Station, Makrana whereby the ACJM allowed the applications dt. 6. 8. 2004 and 16. 8. 2004 filed by the complainant-non-petitioner No. 2 under Section 190 of the Code and took cognizance of the offences under section 147, 148, 323, 325, 307 and 302/149 I. P. C. against the petitioners and issued the process by non-bailable warrant. Aggrieved by the order impugned dt. 13. 10. 2004, the petitioners have filed the instant criminal revision petition.

(2.) THE facts and circumstances giving rise to the instant revision petition are that non-petitioner No. 2 Sahadat alias Khalik lodged a first information report with Police Station, Makrana against the petitioners and eight others on 21. 4. 2004 at about 6. 30 P. M. for the offences under Section 147, 148, 149, 323, 407 and 307 I. P. C. THE investigation ensued. As many as 7 accused-persons were arrested by the police. However, during the investigation, injured Ramesh died on 4. 5. 2004 and therefore, the offence under Section 302 I. P. C. was added. After usual investigation, the police led the challan against accused Mohammed Iqbal, Raju alias Jakir, Shamshad Khan alias Bihari Mulla, Mohammed Salim alias Bandia, Umar Farooque alias Gabru, Ghulam Rasul alias Nanu, Hasamudin, Jamil Ahmed and Mohd. Rajzan for the offences under sections 147, 148, 323, 325, 307 and 302/149 I. P. C. before the ACJM on 6. 8. 2004. Non-petitioner No. 2 complainant filed a protest petition on 6. 8. 2004 protesting therein that the offence against petitioners No. 1 and 2 are also made out and, therefore, requested the ACJM to take cognizance of offences and arraign them as accused. However, during the pendency of the application dt. 6. 8. 2004, non-petitioner No. 2 filed a second protest petition on 16. 8. 2004 requesting therein that offences against petitioner No. 3 Mohammed Yousuf and Nawab are made out and, therefore, requested the ACJM to take cognizance of offence against them also and arraign them as accused. By order impugned dt. 13. 10. 2004, the ACJM took the cognizance of offences against the petitioners and arraigned them as accused along with the accused challenge by the police. THE case is exclusively triable by a Court of Sessions.

(3.) LEARNED counsel for non-petitioner No. 2 has relied on a decision of the Hon'ble Supreme Court in SWIL Ltd. vs. State of Delhi & Anr. (2001 (6) SCC 670 ).