LIYAQAT ALI GAURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition filed under Sec. 482 Cr. P. C. has been preferred against the orders dated 9. 10. 92 and 18. 2. 92 passed by the learned A. M. J. M. No. l, Bikaner, whereby he took cognizance for the offences u/ss. 193 and 218 IPC by the first order and rejected petitioner's application dated 30. 4. 1992 by the second order.

(2.) THE skeletal facts necessary for disposal of this petition are that on an oral report lodged by Jetha Ram on 25. 6. 88, FIR No. 58 was drawn at Police Station, Ganga Shahar, Bikaner and a case u/ss. 324 and 307 IPC was registered against Bhura Ram for attempting to commit murder of his wife Smt. Hema by inflicting axe blows on her neck. On 25. 6. 88, petitioner Dr. Liyaqat Ali Gauri, who was posted as Medical Jurist in the P. B. M. Hospital, Bikaner, examined her & found the following injuries on her person : - "1. A lacerated wound of 6 x 1/5 cm obliquely placed on neck on right lateral aspect 3 cm below right ear; 2. Abrasion of 4 x 0. 25 cm just below right ear; 3. A lacerated wound of 3. 5 cm x 0. 25 cm on right lateral aspect of neck; 4. Injured Smt. Hema complained of chest pain. Her skigram of skull and chest were taken on 7. 7. 88, which did not reveal any bony injury and, as such, the Radiologist opined that the injuries No. l to 4 of Smt. Hema were simple in nature.

(3.) MR. Rathore, learned Public Prosecutor has clearly conceded that neither any explanation for the delay in filing challan has been mentioned in the challan itself nor any Application for condonation of delay was filed by the prosecution. He has, however, reiterated the reasonings given by the learned trial Magistrate.