KUNDANMAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This is a revision petition against the order of learned Additional Sessions Judge Nagaur which are passed while holding her camp at Deedwana on 8.12.94.

(2.) I have heard the learned counsel for the petitioner as well as learned PP and the counsel for the complainant.

(3.) On 16.3.93 Sharif Khan lodged a FIR at police station Baradwa in which alleged that his son Samandar Khan was going towards Nimod. When he reached near the bus stand. Kundanmal. Radheyshyam, Damodar. Kishore, Banwarilal suddenly appeared and inflicted injuries to Samandar Khan. A case under Sec. 149, 307 Penal Code was registered and Sec. 326, 324 Penal Code were also added. Police submitted challan against Radheyshyam. Kishore Kumar and Damodar. In respect of Banwari Lal, investigation was kept pending under Sec. 173(8) Crimial P.C. on 28.7.93, an application was moved by the Assistant Public Prosecutor for taking cognizance against Kundanmal but on 13.8.93 he submitted an application under Sec. 169 Crimial P.C. to release him. Additional Chief Judicial Magistrate, Deedwana heard arguments on this application and did not take cognizance against the petitioner and released him under the provisions of Sec. 169 Crimial P.C. Against this order dated 4.10.93, Samandar Khan filed a revision petition before Additional Sessions Judge, Nagaur camp Deedwana by making the petitioner a party to it. He was never served but the learned Additional Sessions Judge heard the arguments of Samandar Khan and set aside the order passed by the learned Magistrate and directed the Magistrate to take cognizance against Kundanmal and tried him for offence under Sec. 147, 148, 323, 324, 326 IPC. The petitioner is aggrieved by this order and has filed this revision.