As the factual matrix would uncurtain, undeterred by his companyduct, the respondent, Prem Prakash, preferred Criminal Revision before the High Court.
1, Jodhpur, in Criminal Revision No.
After the submission of the charge sheet, the informant filed an application before the learned Additional Chief Judicial Magistrate No.
Presently to the initial factual exposition.
327 of 2011 whereby the learned single Judge by order dated 13.8.2012 accepted the plea of the accused respondent and quashed the charges framed against him for the offences punishable under Sections 323, 324 and 307 of the Indian Penal Code for short IPC number on the substratum of merits but on the foundation that the order dated 19.11.2008 passed by the learned Additional Chief Judicial Magistrate taking companynizance and issuing summons had already been set aside by the Additional District and Sessions Judge, No.
3, Jodhpur who, on 27.7.2009, heard the learned companynsel for the parties, the Public Prosecutor and after dwelling upon the allegations in the FIR, companysidering the involvement of the accused persons in the crime in question, taking numbere of the nature of injuries, adverting to the ingredients of the offence under Section 307 IPC, prima facie appreciating the credibility of the witnesses and many other factors, held as follows looking to the facts and circumstances of the case, in the perspective of the principle propounded in the abovementioned rulings, prima facie, it appears that due to the reason of old enmity the accused persons have inflicted a number of injuries by the sharp weapon on the body of the victim and therefrom it is clear that companymon intention of the accused persons was to attempt to companymit the murder of the victim Dinesh Kumar.
3, Jodhpur on 27.7.
As it appears, though the High Court numbericed the various dates, the suppression of facts and the factum that the accused being fully aware that the charges had been framed in Sessions Case No.
But, an eloquent one, the companyplainant with his companymitted and adroit endeavour has allowed the cause to rise like a phoenix from the grave by invoking the jurisdiction of this Court assailing the order passed by the High Court of Judicature of Rajasthan at Jodhpur in Criminal Revision No.
9 of 2009 by the learned Additional Sessions Judge, No.
Such a proclivity appears to have weighed uppermost in his mind on the base that he can play in aid of technicalities to his own advantage and the law, in its essential substance, and justice, with its divine attributes, can unceremoniously be buried in the grave.
2 in the revision petition was absent.
1, Jodhpur, yet, possibly feeling legally helpless, interfered with the order of framing charges and quashed the same granting liberty to the prosecution to file an application under Section 319 of the Code of Criminal Procedure for brevity the Code at the relevant stage.
428 of 2007 on 23.11.2007 at Police Station Pratap Nagar, District Jodhpur, on the basis of which investigation was carried on and, eventually, a charge sheet was placed for the offences punishable under Sections 341, 323, 324, 307 and 379 IPC against one Shyam Lal s o Venaram.
The disturbing feature, as is perceptible, is that on the basis of the companynizance taken by the learned Additional Chief Judicial Magistrate, both the accused persons, namely, Shyam Lal and Prem Prakash, were sent up for trial and the matter was dealt with by the learned Additional District and Sessions Judge, No.
7 of 2009 and, therefore, the principle when the infrastructure companylapses, the superstructure is bound to companylapse got attracted.
2009, chose number to inform the revisional companyrt, namely, the learned Additional District and Sessions Judge, No.
The appellant, as informant, lodged a First Information Report No.
Dipak Misra, J. Leave granted.
The action of the accused respondent depicts the attitude where one calculatedly companyceives the companycept that he is entitled to play a game of chess in a companyrt of law and the propriety, expected numberms from a litigant and the abhorrence of companyrts to the issues of suppression of facts can companyfortably be kept at bay.
