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DIGAMBAR SINGH AND SUKKHA RAM v STATE AND ORS - CRLMP Case No. 492 of 2007  RD-RJ 5676 (4 December 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B. CRIMINAL MISC. PETITION NO.492/07
Digambar Singh and Sukkha Ram
State & Ors.
DATE OF ORDER :: 04/12/2007
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. Samandar Singh, for petitioner
Mr. Arun Sharma, Public Prosecutor for State
Instant petition has been filed assailing order dated 26th May, 2003 and so also order of 7th revisional court dated March, 2007 on the premise that learned trial Judge has not properly appreciated Section 323 of the Code while taking cognizance against accused-respondents of offence u/ss.323, 341, 336 & 325 IPC.
Basic bone of contention of counsel is that application filed u/s.190 of the Code infact was u/s.323 whereby learned Magistrate at any stage of proceedings can consider it essential that if matter is to be tried by court of session, looking to the nature of injury sustained by complainant, it may commit the case to be tried by Court of Session. In the facts of instant case, learned trial Judge after examining the nature of injury sustained by complainant- petitioner and so also the statements recorded u/s.161 Cr.P.C. found prima facie material of offence being committed and accordingly, took cognizance vide order dated 26th May, 2003 to be tried by the competent court of jurisdiction.
As regards contention of counsel that Section 323 Cr.P.C. has not been properly appreciated by learned trial Judge, is of no substance for the reason that it can always be considered at any stage of proceedings, if case is ought to be tried by Court of Session.
Consequently, this court does not find any substance in the misc. petition, the same stands dismissed. [AJAY RASTOGI],J.
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