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2024 Supreme(Raj) 150

MANOJ KUMAR GARG
Ramesh Kumar S/o Shri Gheru Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rakesh Matoria
For the Respondent: Mr. Mukesh Trivedi, PP

ORDER :

1. Instant revision petition under Section 397/401 Cr.P.C has been filed against the order dated 15.06.2023 passed by learned Addl. Sessions Judge No.1, Hanumangarh in Sessions Case No. 15/2022 by which the application filed by the petitioner under Section 319 Cr.P.C for taking cognizance against the respondents No.2 & 3 has been dismissed.

2. Brief facts of the case are that an FIR was registered by the petitioner complainant against the accused persons including the respondents No. 2 & 3 for offence under Section 302, 498A, 34 IPC. The police investigated the matter thoroughly and thereafter, filed a challan against the accused Subhash chandra only. The charges of the case were framed against Subhash Chandra. Thereafter, an application under Section 319 Cr.P.C. was filed by the petitioner for taking cognizance against respondents No. 2 & 3 also on the ground that PW/1 Arjun @ Abhay in his evidence has stated about complicity of respondents No.2 & 3 also. The trial court after hearing the arguments over application under Section 319 Cr.P.C. rejected the application filed by the petitioner vide order dated 15.06.2023.

3. Counsel for the petitioner submits that from the perusal

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