LAWS(RAJ)-2009-2-243

DRONACHARYA Vs. STATE OF RAJASTHAN

Decided On February 19, 2009
DRONACHARYA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) On the basis of the "Parcha-bayan" of Ganesha Ram son of Shri Moti Ram, the Police Station, Losal, Sikar, registered a case for the offence under sections 147, 148, 149, 341, 323 and 379 of the I.P.C. against the persons, named in the F.I.R., but the Police after investigation did not submit challan against the accused-persons viz., Dronacharya, Pyare Lal, Ramdev and Bhanwar Lal, and rests were put for trial before the Judicial Magistrate No. 1, Sikar.

(2.) The trial Court took cognizance against the accused-persons, named in the challan, but injured Gulabi Devi submitted an application dated 30.5.1998 praying therein that the accused persons viz., Dronacharya, Pyare Lal, Ramdev and Bhanwar Lal, whose names have been removed by the Police in the capacity of accused, who were also present and they took part in the criminal activities, their names also find place in the statements recorded by the Police under Section 161 of the Cr.P.C., so they be also summoned, as an accused persons.

(3.) The trial Court vide its order dated 20.10.2000 summoned them for the commission of offence, as above mentioned, as the cognizance had already been taken by the trial Court.