KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short but important question involved in this petition is whether in a case triable exclusively by a Court of Session, the committing Magistrate can associate a person (not challaned by the Police) as an accused on the basis of challan papers.

(2.) THE facts, petitioner Kan Singh Bhati was the Investigating Officer of a murder case registered against Prabhu Ram & Ors. Ram Narain was a witness in that case. His statement u/sec. 161 Cr. P. C. was recorded on 16. 12. 95. On 17. 12. 95 Ram Narain committed suicide. Before committing suicide Ram Narain made a statement that he was committing suicide under the pressure of Pradhanji (who has been named as Chaina Ram) and threatening of Kan Singh Bhati (Investigation Officer ). On his death, as case u/sec. 306 IPC was registered. THE police after completion of the investigation filed a challan against Chuna Ram and his four sons Ramkaran, Ramchander, Purna Ram and Prabhu Ram, on 2. 9. 96 for offences u/sec. 306 and 506 IPC. On the same day, the counsel for the first informant filed an application u/sec. 190 Cr. P. C. for taking cognizance against Kan Singh Bhati (petitioner) who had been arrayed as a witness in the list of prosecution witnesses. THE learned Magistrate after perusing the material on record took cognizance against Kan Singh u/sec. 306 IPC and summoned him through bailable warrant in sum of Rs. 5000/ -.

(3.) IN the instant case, the impugned order has been passed on the basis of the evidence recorded during investigation. IN view of the authoritative pronouncement of the Apex Court in the case of Raj Kishore Prasad (supra) the impugned or-der is not sustainable.