H.R.PANWAR, J. - (1.) This criminal revision under Section 397/401 Criminal Procedure Code, is directed against the order dated 04.02.2005 passed by Additional Sessions Judge (Fast Track) No. 1 Bikaner (for short 'the trial Court' hereinafter) in Session Case No. 80/2003, whereby the trial Court framed charge against the petitioner for the offence under Section 368 Indian Penal Code Aggrieved by the order framing charge, the petitioner has filed the instant revision petition.
(2.) I have heard learned Counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned and challan papers.
(3.) It is contended by the learned Counsel for the petitioner that co-accused Rafique, Faiju Khan, Salim and Mahboob were challaned by the police after investigation and tried by the trial Court in Sessions Case No. 82/1999. Apart from these accused, Sadekhan and Bhurekhan were also challaned and tried by the trial Court. Out of six accused who were put to trial, accused Sadekhan and Bhurekhan were acquitted by the trial Court and remaining were convicted. Against their conviction, remaining four accused persons preferred criminal appeals being S.B. Cr. Appeal Nos. 237/2001 and 235/2001 before this Court, which came to be decided on 06.02.2004 and judgment and order of the trial Court was set aside and the accused convicted by the trial Court were acquitted. After investigation, police did not file challan against present petitioner. However, six accused persons tried in Session Case No. 82/1999 were challaned. No investigation was kept pending against the present petitioner under Section 173(8) Criminal Procedure Code Without there being any fresh material, the police subsequently filed a challan against present petitioner under Section 173 (8), Criminal Procedure Code After filing of the challan against six accused persons referred above, no fresh material or evidence oral or documentary came in investigation as no investigation was carried out thereafter and without there being any further evidence oral or documentary or fresh material coming in possession of the Investigating Officer or the knowledge of the Investigating Officer, the police filed challan against the present petitioner for the offence under Section 368 Indian Penal Code It is further contended that even in the statement of prosecutrix recorded by the trial Court on 27.06.1999, she has not stated that the petitioner knowing that she has been kidnapped, wrongfully concealed or confined her. ;