AMRITLAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE accused -petitioner has filed this Criminal Misc. Petition under Section 482 Cr.P.C. against the order dated 29.6.2015 passed by the Additional Sessions Judge No. 3, Kota in Sessions Case No. 53/2013 whereby application under Section 319 Cr.P.C. filed by the complainant -respondent -Shri Jodhraj was allowed and cognizance was taken against the petitioner and one Shri Nand Kishore for offences under Sections 147, 148, 323/149, 307/149 and Section 302/149 IPC and both of them were ordered to be summoned through warrant of arrest.

(2.) BRIEF relevant facts for the disposal of this petition are that FIR No. 202/2010 came to be registered at Police Station Itawa (Kota Rural) for offences under Sections 147, 148, 302, 307, 341, 323, 324, 326 read with Section 149 IPC and Section 4/25 of the Arms Act on 18.9.2010 against accused -petitioner and some other persons named in the FIR on the basis of a written complaint filed by the respondent and after investigation charge -sheet was filed against one Shri Yogendra Meena only for offences under Sections 147, 148, 341, 323, 324, 326, 307, 302 read with Section 149 IPC and for offence under Section 4/25 of the Arms Act but charge -sheet was not filed against the petitioner with a finding that he was not involved in the incident. During the course of trial of the co -accused, statements of several material prosecution witnesses were recorded and on 10.1.2013 application under Section 319 Cr.P.C. came to be filed on behalf of the complainant -respondent and as already stated the same was allowed by the trial Court vide impugned order dated 29.6.2015.

(3.) IN support of submissions, learned counsel for the petitioner relied upon the case of Jogendra Yadav & Ors. Vs. State of Bihar & Ors. reported in : 2015 SC Manu 0833.