LOKNATH ALIAS LOKU Vs. MOHAN

JUDGEMENT

(1.) HEARD.

(2.) THIS is a criminal revision under Section 397 read with Section 401, Cr. P. C, against the order dated 27-6-1997 passed by the learned Additional Sessions Judge, Janjgir whereby the application regarding the framing of charge concerning the incident of the next day has been rejected.

(3.) THE facts giving rise to this petition are these : The police of Police Station, Janjgir filed a charge-sheet against the respondent Nos. 1 to 12 for the offence under Sections 148 and 307/149, IPC. It is alleged that the respondent Nos. 1 to 12 inflicted injuries to several persons including Loknath, Bhagirath and Mayaram. They were admitted in the hospital. It was the incident of 10-7-1992. The nextday i. e. on 11-7-1992 Bhairo and Dhansai were taking food to the hospital. When they were on the way to the hospital, they were assaulted by the respondent Nos. 1 to 12. Bhairo had received serious injuries on his person. The matter was again reported to the concerned police. Bhairo was also admitted in the hospital and he remained there for about 30 to 35 days. After investigation, the concerned police filed a charge-sheet against the respondents 1 to 12 for incident dated 10-7-1992 and 11-7-92. The learned Judge however, framed charge against the respondent Nos. 1 to 12 with regard to the incident of 10-7-92 for causing injury on the person of Loknath, Bhagirath and Mayaram. The petitioner being the complainant in that case filed an application that charge may also be framed for the incident of 11-7-1992. The learned Judge by order dated 27-6-97 rejected the application on the ground that the separate charge-sheet should have been filed by the police against the respondent Nos. 1 to 12 because the both of the cases are separate. Being aggrieved by the impugned order dated 27-6-97, the present petition has been filed.