NATTHI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In a case exclusively triable by the Court of Session, learned Judicial Magistrate Weir, on a protest petition filed by the complainant against one of the co-accused (not charge-sheeted), took cognizance of the offence under Sections 307, 323 and 341, I. P. C. The order of learned Magistrate was set aside by the revisional Court on the ground that the Magistrate has no jurisdiction to take cognizance of offence since the case was exclusively triable by the Court of Session. It is against this order that the instant revision petition has been filed by the complainant.

(2.) Contextual facts depict that on the basis of FIR lodged by the complainant Nathi Singh, the petitioner herein, the Police Station Bhusawar filed charge-sheet under Sections 147, 323, 341 and 307, I. P. C. in the Court of Judicial Magistrate, Weir against accused Radhey Shyam, Subhash, Devi Singh and Hari Singh. Co-accused Khem Chand Meena, who was also named in the FIR, was not found involved and excluded. The complainant therefore filed protest petition before the learned Magistrate and made request to take cognizance against co-accused Khem Chand Meena. Learned Magistrate accepted the protest petition vide order dated July 16, 2002 and took cognizance against Khem Chand Meena under Sections 323, 341 and 307, I. P. C. This order was however set aside on revision by learned Additional Sessions Judge No. 2 Bayana vide order dated February 22, 2004. The said order has now been called in question by the complainant.

(3.) Mr. N.K. Singhal, learned counsel for the complainant took me through Section 190, Cr. P. C. and vehemently urged that the order of revisional Court is not sustainable in view of the ratio indicated in Rajinder Prasad v. Bashir, (2001) 8 SCC 522 : (2002 Cri LJ 90). Reliance is also placed on Reghubans Dubey v. State of Bihar, AIR 1967 SC 1167 : (1967 Cri LJ 1081). I have given my anxious consideration to the contention advanced before me and weighed the material on record as well as the relevant statutory provisions and case law on the subject.