Mohd. Yamin, J. - (1.) Heard both the parties.The brief facts are that Vidyadhar lodged report at Police Station Khetri on 29.8.98 alleging that Jogendra inflicted a lathi blow on his hand and petition Nos. 2, 3 and 4 abused. The police after investigation submitted challan only against Jodgendra-Petition No. 1.
(2.) The learned Magistrate after going through the police papers took cognizance even against Smt. Sukha Devi, Smt. Ratna and Deepak Kumar without following the provisions of Section 319 of the Code of Criminal Procedure. The order was challenged before the learned Additional Sessions Judge, Khetri who rejected the revision on 11.12.2000.
(3.) This petition under Section 482 of the Code of Criminal Procedure has been directed against the order of learned Additional Sessions Judge. The counsel for the petitioner relying on Bansi Lal & Anr. v. State of Raj. & Anr., RLR 2000(1) 78 submitted that the lady petitioner could not have been summoned by the learned Magistrate unless there was some additional materials recorded by the trial Court. The learned Public Prosecutor agrees with the submissions made the learned counsel for the petitioner.;