HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 8123/2022

Vijay Singh S/o Shri Fatte Singh, R/o Kathumar District Alwar.

----Petitioner

Versus

1.

State Of Rajasthan, Through Public Prosecutor.

2.

Kushanpal Singh @ Kedar S/o Tuhiram, R/o Near Tehsil,

Kathumar, District Alwar.

----Respondents

For Petitioner(s)

:

Mr. Pradeep Kumar Sharma

For Respondent(s)

:

Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

22/09/2022

The petitioner has challenged the order of cognizance dated

04.08.2022 passed in the FIR No.0275/2021 registered with the

Police Station Kathumar, District-Alwar for offence under Section

307 IPC. However, after investigation of the case, the Police

submitted charge-sheet for offences under Sections 279 and 337

IPC and Section 146/196 of the Motor Vehicles Act.

Grievance of the informant-petitioner is that there is specific

allegation in the FIR for commission of accident while the

informant was on road on his Motor Cycle with intend to commit

murder. There is material in the case diary in support of the

aforesaid assertion.

However, the court below did not take

cognizance for offence under Section 307 IPC.

Learned counsel for the petitioner submits that charges have

already been framed and the trial is running for prosecution

evidence.

(2 of 2)

[CRLMP-8123/2022]

Section 323 Cr.P.C. reads as follows:-

“323. Procedure when, after Commencement

of inquiry or trial, Magistrate finds case

should be committed. If, in any inquiry into an

offence or a trial before a Magistrate, it appears

to him at any stage of the proceedings before

signing judgment that the case is one which

ought to be tried by the Court of Session, he

shall commit it to that Court under the provisions

hereinbefore contained and thereupon the

provisions of Chapter XVIII shall apply to the

commitment so made.”

Evidently, the petitioner is not remedy less. The petitioner

may file application under Section 323 Cr.P.C. before the

Megistrate, who shall pass order according to the law.

With the aforesaid, the petition stands disposed of.

(BIRENDRA KUMAR),J

Sunita/63