HARI MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the above petitions are directed against the order of the learned Munsiff and Judicial Magistrate Sangod dated 18th December, 1985 and identical questions of fact and law are involved in both these petitions as such they are disposed of by one single order. A charge-sheet was filed by the police under Sections 147, 149, 302, 307 and 427 against 22 accused persons. Out of the above 22 accused persons 8 had been arrested while challan against the remaining 14 persons was filed under Section 299 Cr. P. C. The petitioners before this Court namely Hari Mohan, Rameshwar and Venkateshwar Prasad were not named in the charge-sheet. The learned Magistrate took the view that the present petitioners were wrongly left by the police even though their names were mentioned by the witnesses in their statements recorded under Section 161 Cr. P. C. In view of these circumstances learned Magistrate took cognizance against the present petitioners also and committed the case for trial to the Sessions Court and the present petitioners were also committed for trial along with other 22 accused persons.

(2.) AGGRIEVED against the order of the learned Magistrate the present petition under Section 482 Cr. P. C. have been filed. Mr. Mehrish, learned counsel for the petitioners contended that the learned Magistrate had no power to take any cognizance and to commit for trial the present petitioners against whom no challan was filed by the police, It was submitted that under section 209 Cr. P. C. learned Magistrate had no power to make any inquiry and he was only competent to commit such accused for trial to the Sessions Court against whom challan is filed by the police. It was also submitted that none of the petitioners had appeared nor produced before the learned Magistrate as such the learned Magistrate had no jurisdiction to commit the present petitioners for trial to the court of Sessions.

(3.) IN view of these circumstances both these petitions are allowed, the order of the learned Munsiff and Judicial Magistrate, Sangod dated 18th December, 1985 taking cognizance against the accused petitioners Hari Mohan, Ram-eshwar and Venkateshwar Prasad is set aside.