SANDEEP MEHTA, J. - (1.) HEARD learned counsel for the petitioner and learned Public Prosecutor.
(2.) THE instant misc. petition has been moved by the petitioner/complainant being aggrieved of the order dated 6. 12.2010 passed by the learned Additional Sessions Judge (Fast Track) No.1, Pali, Headquarter Jaitaran, in Sessions Case Np. 31/10, whereby he has affirmed the order dated 17.2.2009 passed by the learned Judicial Magistrate, 1st Class, Bar, District Pali in Cr. Case No. 203/09. An FIR. was filed by the petitioner for the offences under Sections 147,148,427,436 and 380 IPC and after investigation, the Police chose to charge-sheet some of the accused whilst some were left out.
(3.) THE petitioner being the complainant in the case submitted an application under Section 190 of the Cr.P.C. in the court of the learned Judicial Magistrate with the prayer that the non- charge-sheeted accused should also be summoned to face trial in the case. The learned Magistrate noted in the order dated 17.2.2009 that the application was filed by the petitioner for summoning the accused but did not decide the same on merits. Thereafter, the petitioner moved an application with the same prayer before the Committal Court and such application has been rejected by order dated 6.12.2010. Hence, the petitioner has approached this Court by way of the instant misc. petition with the prayer that the Magistrate be directed to decide the application filed by the petitioner on merits.;