RAM CHANDRA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition u/s. 482, Cr. P. C. preferred against the order of Judicial Magistrate, Hindaun City, dated 6th Dec, '88, by which he rejected the application of the petitioner for taking cognizance u/s. 307, I. P. C. and committed the case to the court of Sessions Judge.

(2.) THE complainant lodged a report at the police station, and a case u/ss. 447, 427, 379, 147 & 307, was registered and investigation started. Initially, the investigation was done by the DSP, but, later on; it was transferred to the Addl. SP, C. I. D. (CB), Bharatpur. After completing investigation, the police submitted a challan against the accused persons u/ss. 379, 147, 323, 336 & 338, I. P. C. THE learned Magistrate registered a case and took cognizance against the accused persons and summoned them. THEreafter, complainant Ramchandra submitted an application before the Judicial Magistrate that cognizance u/s. 307, IPC, be also taken, as there was material on record, in this regard. THE learned Magistrate gave a detailed order and passed some strictures on the functioning of the investigating officer and also opined that there was some evidence which could cover the case u/s. 307, IPC, but, he did not accept the application and rejected the prayer of the complainant, on the ground that he was not competent to review his own order.