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2003 Supreme(Raj) 650

H.R.PANWAR
Sehdeo – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
G.R. Punia, for Petitioner R.K. Soni, Public Prosecutor for State I.R. Chaudhary, for Respondents No. 2 to 4.

Honble PANWAR, J.–This criminal revision petition under Section 397/401 of the Code of Criminal Procedure (for short, ``the Code) is directed against the order dated 7.3.2002 passed by the Sessions Judge, Merta in Sessions Case No. 2/2002, whereby the learned Sessions Judge discharged the accused-respondents No. 2 to 4 from the offence under Section 307 of the Indian Penal Code (for short, ``IPC) remitted the case to the Court of the Additional Chief Judicial Magistrate, under Section 228 of the Code, for trial of the case in accordance with law as the other offences, to which accused-respondents are charged with, are not triable by the Court of Sessions. Aggrieved by the order of discharge of the accused-respondents from the offence under Section 307, IPC, the complainant has filed the instant revision petition.

(2). I have heard learned counsel for the petitioner, learned Public Prosecutor for the State and the learned counsel for the accused-respondents. Perused the impugned order as also the record of the trial court.

(3). It has been contended by the learned counsel for the petitioner that the learned Sessions Judge has committed an error in discharging the accused-respondents f












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