- (1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of Respondent No. 1-State and perused the impugned order dated 20.09.2008 and all the relevant documents placed on record.
(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the order dated 20.09.2008 passed by learned Additional Sessions Judge, Fast Track No. 2, Jaipur City, Jaipur(hereinafter referred to as 'the Trial Court') in Criminal Case No. 87/2008, whereby the Trial Court framed the charges against the accused-petitioners for offences under Section 147, 148, 323, 341/149, 307/149 IPC.
(3.) Learned counsel for accused-petitioners submitted that the learned Trial Court committed the grave error of law by framing the charges against the accused-petitioners under Sections 147, 148, 323, 341/149, 307/149 IPC because there was no evidence available on record for framing the charge. The FIR itself shows that the entire incident narrated in the FIR was imaginary and after thought. The complainant Shankerlal, who reached at the spot quite late, as per his own statement has allegedly suffered one grave injury and the person Satyanarain who was initially and severely beaten by the accused-petitioners suffered three injuries and all were in simple in nature and it clearly shows that the entire incident is false and frivolous. The learned Trial Court framed the charges for offence under Section 307 IPC against the accused-petitioners for the reason that complainant Shankerlal suffered one grave injury on occipital region whereas in the X-ray report it was clearly mentioned that there was no bony injury which clearly proves the fact that there was no ground whatsoever for framing the charges for offence under Section 307 IPC against the accused-petitioners. Hence, the Trial Court has passed the charge order in cyclostyle manner. Even if the facts of the case are taken to be true than there is no case for more than simple injury case, which is tribal by Magistrate and therefore, the Trial Court has committed a grave mistake by framing the charges for offence under Section 307 IPC. So, learned counsel for the accused-petitioners prayed that this revision petition may be allowed and impugned order passed by the Trial Court may be quashed and set aside.;