KUNP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioners has challenged the order of the trial court by virtue of which the trial court has taken cognisance against the additional accused who were not charge-sheeted under Sec. 193 Crimial P.C. without recording any fresh evidence. Learned counsel for the petitioners has placed reliance on a Supreme Court decision in Ranjit Singh Vs. State of Punjab, reported in JT 1998(6) SC 512 and has canvassed that until and unless the court records evidence and/or fresh material comes on record, the cognisance can be taken against the accused petitioners.

(2.) Learned counsel for the complainant and the State are not in a position to meet the argument raised by the learned counsel for the petitioners in the light of the Supreme Court decision. In view of the position of law emerging out as stated herein above the impugned order taking cognisance against the additional accused and all consequential orders passed thereto so far as they relate to taking of cognisance against the additional accused person and issuance of warrants etc. are set aside. The trial court will be at liberty to take cognisance against the additional accused if it comes to the conclusion after recording of to evidence that offence is made out against the additional accused.

(3.) With these observation, the misc. petition is allowed. Misc. Petition allowed.