ANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor.

(2.) The respondent No. 3 has expired. No one appears on behalf of respondent No. 3.

(3.) Learned counsel for the petitioner states that FIR was lodged by third person. The learned Magistrate vide its order dated 17.11.1994, took cognizance against the petitioner and two other accused for offence under Section 382 IPC. Thereafter, the case was committed to Sessions Court. Learned Additional Sessions Judge after hearing the arguments on charge came to the conclusion that no offence under Section 307 IPC is made out against accused Anju (the present petitioner), Ram Chandra and Shrawan Kumar. Since other offences under Section 382, 380 and 411 IPC is triable by Magistrate, First Class, therefore, he transferred the case under Section 228 Cr.P.C. from the court of Additional Sessions Judge (Fast Track) to the court of CJM, Bikaner for trial.