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2013 Supreme(Raj) 1738

SANDEEP MEHTA
Phuli Devi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Vineet Jain, Advocate.
For the Respondent: A.R. Nikub, Public Prosecutor.
For the Respondent No. 1: Sriram, I.O., Present In Person.

JUDGMENT

1. - Issue Notice.

2. Learned Public Prosecutor accepts notice on behalf of the respondent State of Rajasthan.

3. The matter is heard and decided with the consent of learned counsel for the parties.

4. The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 8.7.2013 passed by the learned Addl. Sessions Judge, No. 3, Bikaner in Sessions Case No. 155/2012, whereby, the application filed on behalf of the petitioner under Section 227 Cr.P.C. was rejected.

5. Briefly stated the facts necessary for the disposal of this misc. petition are that the 'parcha-bayan' of the petitioner was recorded by the Sub Inspector of the Police Station Nokha on 7.6.2012. Based on the said 'parcha-bayan', an F.I.R. No. 283/2012 was registered for the offences under Sections 458, 307, 342, 323, 354, 147, 148, 149 and 427 I.P.C. The principal allegation in the F.I.R. was that the petitioner's four years old grand daughter was thrown on the ground by the accused deliberately with the intention of killing her. The various persons accused in the 'parcha-bayan' were arrested. The Investigating Officer out of the above recorded the statement of one Raj Kumar on 27.7.2









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