Sandeep Mehta, J. - (1.) The instant misc. petition has been filed by the petitioner challenging the order dated 14.12.2011 passed by the learned Judicial Magistrate, First Class, Mandal, District Bhilwara in Criminal Regular Case No.392/2011.
(2.) The issue involved in the matter is that the FIR was registered at P.S. Mandal on the basis of Parcha Bayan of deceased Rampal (son of petitioner). Based on the said parcha bayan, the police investigated the matter and thereafter filed charge-sheet against Mohan and Ghanshyam on 26.11.2011. On the very same day, the petitioner, who is mother of Rampal, filed an application under Section 190 Cr.P.C. and the learned Magistrate instead of passing any order on merits, committed the case to the Sessions Judge on 14.12.2011 and also sent the application under Section 190 Cr.P.C. to the Sessions Judge. It is against this order that the petitioner/complainant has approached this Court praying for a direction that the learned Magistrate was duty bound to decide the application under Section 190 Cr.P.C.
(3.) Learned counsel for the petitioner submits that in the parcha bayan of the deceased, specific allegation was made regarding participation of the respondents no.2 to 6. He thus submits that the learned Magistrate ought to have decided the application and should have directed summoning of the respondents no.2 to 6 to stand trial.;