JAI PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 15.6.2007 passed by Additional District and Sessions Judge No. 1 Kishangarhbas, district Alwar whereby the learned Judge has allowed the application filed under Section 319 Criminal Procedure Code and has taken cognizance against the petitioners of the ofeence under Section 302, 120B Indian Penal Code.

(2.) Briefly stated the facts are that the accused Suresh Kumar and Pawan Kumar were challenged under Sections 302, 201 Indian Penal Code for the murder of one Ram Bhagat. The case was committed to the Court of Additional District and Sessions Judge No. 1, Kishangarhbas where charges were framed against the accused Suresh Kumar and Pawan Kumar under Sections 302, 201 Indian Penal Code. Learned trial court recorded the statements of 13 witnesses and thereafter and application under Section 319 Criminal Procedure Code was moved. Learned trial court vide impugned order took cognizance against the petitioners of the offence under Sections 302, 120-B Indian Penal Code and issued arrest warrants against them. Aggrieved by this order the petitioners have filed this revision petition.

(3.) Heard learned counsel for the petitioners, learned public prosector and learned counsels for the complainant.