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2001 Supreme(Raj) 732

SHASHI KANT SHARMA
Shahid Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Anurag Sharma, for Petitioner Madhav Mitra, Public Prosecutor for State S.C. Gupta, for Non- petitioners

Honble SHARMA, J.–This revision filed by the complainant Shahid Khan is directed against the order dated 10.10.2000, passed by learned Additional Sessions Judge, Gangapurcity in Sessions Case No. 10/99, whereby learned Judge has discharged the accused persons from the offence under Section 307 IPC and sent the case back to the A.C.J.M. No. 2 for trial for offence under Sections 341, 323, 324/34 IPC.

(2). In this matter, notices were issued to Non-Petitioners. Mr. S.C. Gupta appeared on behalf of Non-Petitioners Nos. 2 to 5. Learned Public Prosecutor appeared on behalf of State. Record of the lower court was called for. Arguments were heard.

(3). It is argued on behalf of petitioner that the trial court has wrongly discharged the N.P. Nos. 2 to 5 for the offence under Section 307 IPC. It is urged that Sessions Court could discharge any offender from any offence under Section 227 Cr.P.C. only if there is no sufficient ground for proceeding against the accused and that court shall also record reasons for doing so. It was the charge stage and for framing the charge Section 228 of Cr.P.C. is relevant. In this matter accused persons have inflicted as many as 16 injuries, many of them were












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