RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Revision Petition under Sections 397 and 401 Cr.PC. is directed against the order dated 14.5.97 passed by the learned Addl. Sessions Judge, Churu whereby he dismissed the application filed by the complainant through Public Prosecutor under Sec. 319 Crimial P.C.

(2.) The brief facts leading to this revision and that in session case No. 35/96, these persons are facing trial for the offences under Sec. 307, 147, 148, 179 & 302 IPC. Ten prosecution witnesses have been examined. It appears that during the trial if above sessions case, complainant- petitioner moved an application under Sec. 319 Cr.PC. through the learned Public Prosecutor for taking cognizance against three other persons viz. Girdhari, Shivram & Ramuram. The learned Addl. Sessions Judge dismissed the above application on the ground that previously two such applications were filed and were got dismissed as not pressed.

(3.) I have heard the learned Counsel appearing for the parties & have very carefully gone through the second of the case. From the persons of the impugned order, it is clear that the first application was moved by the PR on 23.10.96 under S. 183 Cr.PC. but that was got dismissed as not pressed. The second application was moved by the complainant-petitioner on 7.4.97 but that was dismissed on the ground that the application had been filed by a private person. The last application has been filed under S. 319 Cr.PC. through PP but it has been dismissed on the ground that only two witnesses are to be examined now and two persons applications were got dismissed.