MOHAMMAD AKIL SAYED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Crimial P.C., 1973 against the order dated 29.08.2017 passed by the learned Sessions Judge, Jalore in Criminal Revision Case No. 06/2016 whereby the learned Sessions Judge has dismissed the Revision Petition filed by the petitioner against the order dated 18.12.2015 passed by the learned Additional Chief Judicial Magistrate No. 1, Jalore in Criminal Case No. 345/2006 by which the learned Additional Chief Judicial Magistrate has taken cognizance and framed charge against the petitioner for the offence under Sec. 211 IPC.

(2.) At the outset, learned counsel for the petitioner has submitted that as per the spirit of Sec. 340 Crimial P.C., 1973 in case the cognizance and charges are to be farmed under Sec. 211 IPC, then a notice and reasonable opportunity of hearing with a preliminary inquiry is necessary.

(3.) Learned counsel for the petitioner has relied the judgment of Gheesu Lal Vs. State of Rajasthan reported in 1998 Cr.L.R. (Raj.) 276 and Sanjiv Arora Vs. State of Rajasthan reported in 2006 (3) CJ (Raj.) Cr. 1313. The relevant portion of judgment rendered in Gheesu Lal (supra) reads as under: