RAJNEESH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioner has filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the order dated 28.5.2015 passed by the Additional Sessions Judge, Jhunjhunu in Sessions Case No.8/2014 whereby the learned trial Court exercising its power conferred upon it under Section 319 Cr.P.C. took cognizance against the petitioner for offences under Sections 341, 323, 323/34, 325, 325/34, 302 and 302/34 IPC and summoned him by way of warrant of arrest.

(3.) Brief relevant facts for the disposal of this petition are that FIR No.402/2013 came to be registered on 4.12.2013 at Police Station Navalgarh (District Jhunjhunu) for offences under Sections 341, 323, 323/34 IPC against petitioner and some other persons and after investigation charge-sheet for offences under Section 302, 341, 325/34 IPC was filed against one Shri Norang Ram, Nanu Devi and Shri Om Prakash but charge-sheet was not filed against petitioner. During the course of trial of the accused against whom charge-sheet was filed statements of as many as 10 prosecution witnesses were recorded. At this stage an application under Section 319 Cr.P.C. was filed on behalf of the prosecution with a prayer that from the evidence produced during trial involvement of the petitioner in the incident is made out and, therefore, cognizance may also be taken against him and he may be summoned through warrant of arrest. Reply to the application was filed by the accused who were already facing trial and the learned trial Court after hearing the parties passed the impugned order in the manner already stated. Feeling aggrieved, the petitioner is before this Court by way of this revision petition.