BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this revision petition, the petitioners seek to challenge the validity of order dated 16. 10. 2006 passed by the Addl. Chief Judl. Magistrate, Bhinmal whereby the learned Magistrate, in the midst of the trial, committed the case to the Court of Addl. Sessions Judge, Bhinmal under Section 323, Cr. P. C.

(2.) AS per facts of the case, FIR No. 144 of 2001 was registered against the petitioners and after investigation the police filed charge-sheet against them for offences under Sections 447, 341, 323, 325 and 382/34, I. P. C. During the course of trial, after recording the statements of the prosecution witnesses, the learned Magistrate examined the accused petitioners under Section 313, Cr. P. C. and the matter was fixed for final hearing. Arguments in the case were heard on 10. 10. 2006 and the case was fixed for judgment on 16. 10. 2006. On 16. 10. 2006, the learned Magistrate passed order under challenge and committed the case for trial to the learned Addl. Sessions Judge, Bhinmal observing that the petitioners have caused serious hurt to the complainant and the evidence in the case reveals that offence under Section 397, I. P. C. is made out against the petitioners which is exclusively triable by the Court of sessions. Accordingly, the learned Magistrate ordered the parties to appear before the learned Addl. Sessions Judge, Bhinmal on 20. 11. 2006.

(3.) IN my opinion, whether offence under Section 397, I. P. C. is made out or not, for this purpose, the learned Magistrate has taken into consideration the evidence and detailed the facts and circumstances to arrive at the conclusion that there is evidence with regard to offence under Section 397, I. P. C.