Rajasthan High Court - Jaipur
Atar Singh vs State Of Rajasthan Through Pp on 8 January, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Revision Petition No.8/2013 Atar Singh Versus State of Rajasthan DATE OF ORDER : 08/01/2013 HON'BLE MR.JUSTICE M.N. BHANDARI Mr. Yogesh Singhal, for petitioner
Mr. Laxman Meena, P.P., for State *** By this revision petition, order dated 15.12.2012 has been challenged framing charges u/s.308 IPC apart from other provisions.
Learned Counsel for petitioners submits that limited challenge is made for framing of charges u/s.308 IPC. The material does not exist for framing charges u/s.308 IPC. The medical report and other material do not show intention and act for offence u/s.308 IPC, accordingly, petitioner may be discharged for offence u/s.308 IPC by modifying the order impugned herein.
I have considered the submission and find that if statement and allegation against petitioner are looked into then prima facie case u/s.308 IPC is made out. Any comment on merit to show as to how a case u/s.308 IPC is made, may cause prejudice at the initial stage, thus, without commenting on merit, I am of the opinion that no case is made out to cause interference for framing of charge for offence including Section 308 IPC. Accordingly, I am not inclined to interfere in the impugned order.
The revision petition so as stay application are, accordingly, dismissed.
[M.N. BHANDARI],J.
FRBOHRA/PA/8CRLREVPET2013.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A.