BITTU ALIAS DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This Criminal Misc. Petition under S. 482, Cr. P.C. has been filed by the accused-petitioner invoking inherent jurisdiction of this Court being aggrieved by the order dated 13-9-97 passed by the Addl. Chief Judicial Magistrate, Raisinghnagar.

(2.) Briefly stated, the facts giving rise to the petition are that Mohan Lal informant is resident of Raisinghnagar, District, Sri Ganganagar. He had two sons, namely, Surendra Kumar and the younger one Ashok Kumar. However, due to some family feuds regarding partition of property, Ashok Kumar was given a separate share by way of allotment of movable as well as immovable property and was separated from the rest of the members of the family and Mohan Lal. Surendra Kumar (deceased) along with his wife and children was residing with Mohan Lal. This incident reportedly took place on 8-6-97 at about 8-15 p.m. in Raisinghnagar Town. Mohan Lal accompanied by Surendra Kumar, after closing his book-shop, was proceeding towards his house and while passing from Ishardas Dharamshala it was noticed that Ashok Kumar along with Inder Pal and Bittu alias Dinesh Kumar who is present petitioner along with some unknown persons were waiting for them. They immediately assaulted Surendra Kumar with cricket bats and he was subjected to a brutal assault resulting in his instantaneous death on the spot. The incident was immediately reported at the Police Station, Raisinghnagar by Mohan Lal himself against Ashok Kumar, Inder Pal as well as the petitioner and their unknown associates on which FIR No. 215/97 under Ss. 302, 147, 148, 149, 120-B and 114, IPC was registered and investigation was started.

(3.) After completion of investigation, a charge-sheet against Ashok Kumar, Inder Pal, Sukh Dev, Nittua alias Baljindra Singh, Lovkumar alias Laviya, Bhajan Lal alias Kaliya was filed under the aforesaid sections of the Indian Penal Code in the Court of Addl. Chief Judicial Magistrate, Raisinghnagar. However, as a result of investigation, the present accused-petitioner was not charged-sheeted and hence from the side of Mohan Lal an application was moved before the learned Addl. Chief Judicial Magistrate thereby requesting that since the police had left out the accused-petitioner who was also involved in commission of the aforesaid offences against the evidence on record and, therefore, cognizance of the aforesaid offences was also taken against the accused-petitioner and, consequently, after hearing both sides, vide his impugned order dated 13-9-97, the learned Addl. Chief Judicial Magistrate took cognizance of the aforesaid offences against the accused-petitioner as well and ordered for his production by way of issuance of warrant of arrest and, being aggrieved, this petition has been preferred.