Gopal Krishan Vyas, J. - (1.) By the present petition, the petitioner complainant seeks to challenge order dated 25.10.2005 passed by learned Addl. Sessions Judge (Fast Track) No. 1 Bikaner (hereinafter the trial Court) in Sessions Case No. 88/2003 whereby the trial court has rejected the application filed by the complainant through the Public Prosecutor with the prayer for taking cognizance against non-petitioner No. 2.
(2.) It is submitted by learned counsel for the petitioner that FIR was registered before the Police Station Kotgate on the basis of statement of Hasan Shah, Advocate. In his statement, late Hasan Shah alleged that on 31.08.2000 at 11.30 AM. he along with Jafar Shah, Amir Shah and Rehmat Ali was going towards BJP office and when they reached at the office of the BJP, at that time, Liyakat Shah, Latif Shah, Arshad Shah and 3-4 other persons armed with guns and other weapons surrounded them. It was alleged by late Hasan Shah that Amin Shah was having a pistol with him and the assailant party, in order to kill him, started firing as a result of which he received injuries on the right side of his chest; thereafter, when his companions raised hue and cry, the assailants ran away on motor-cycle and in jeep. Late Hasan Shah disclosed in the complaint that there was previous enmity between the assailants and him and they had made two attempts on his life earlier also which were unsuccessful and litigation was going on in between the parties. It is submitted by the learned counsel for the petitioner that Hasan Shah was taken to hospital where he was treated, however, he expired while still under treatment. It is submitted that after usual investigation, challan was filed and although there being specific mention and injury attributed to non-petitioner Amin Shah, though charge- sheet was filed against four persons but how the investigating agency omitted to file charge-sheet against non-petitioner No. 2 it is best known to them although he was named by them. After filing of the challan, the case was committed to the court of sessions and came to be tried by Addl. Sessions Judge (Fast Track) No. 1, Bikaner, After framing of the charge, the trial commenced.
(3.) It is disclosed in the petition that during trial Jafar Shah was examined as P.W.-10 and, after his examination-in-chief, an application was moved under Section 319, Cr.P.C. for taking cognizance against Amin Shah as there was material available on record which disclosed his involvement in the offence However, the trial Court vide the impugned order dated 25.10.2005 rejected the application filed under Section 319, Cr.P.C.;