AMIT PAHARIA Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) This criminal misc. petition has been preferred by accusedpetitioner Amit Paharia with the prayer to quash the order dated 25. 03. 2017 passed by learned ACJM No. 1, Sikar, whereby the trial court took cognizance against him for the offence under Section 384 IPC on the basis of charge-sheet No. 54/2017 filed in FIR No. 72/2017, registered at PS Udhyog Nagar, Sikar.

(2.) Heard learned counsel for the accused-petitioner as also learned counsel for the complainant-respondent No. 2 and learned Public Prosecutor for the State.

(3.) Learned counsel for the petitioner submits that FIR No. 72/2017 came to be registered for the offence under Section 306 IPC. After investigation, a charge-sheet came to be filed against the accused-persons. Rakesh Kumar & Jitendra Singh were charged for the offence under Sections 306 & 382 IPC and Amit Paharia, who is petitioner herein & Abhishek Pilaniya were chargesheeted for the offence under Section 384 IPC. Against six other persons investigation under Section 173(8) Cr. P. C. was kept pending. Vide order dated 25. 0 2017 cognizance for the offence under Section 384 IPC was taken against petitioner Amit Paharia.