ISHARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned Public Prosecutor for non-petitioner No. 2 and the learned counsel for non-petitioner No. 2.

(2.) This criminal miscellaneous petition under Section 482 of the Criminal Procedure Code is directed against the order dated 1st July, 1996 passed by the learned District and Sessions Judge, Hanumangarh in Criminal Revision No. 44/96 whereby he accepted the revision petition and set aside the order passed by the learned Chief Judicial Magistrate, Hanumangarh, on 23rd January, 1996. By the aforesaid order dated 23rd January, 1996 the learned Chief Judicial Magistrate, Hanumangarah took cognizance of the offences punishable under Section 279, 337 and 304-A of the Indian Penal Code on the basis of final report submitted under Section 173 of the Criminal Procedure Code in relation to Criminal Case No. 650/95 registered at Police Station, Hanumangarh.

(3.) The facts of the case may be briefly summarised as below :