Ram Kumar vs State of Haryana

M.M. Aggarwal, J.—This is a revision petition against order dated 26.20.2005 of Additional Sessions Judge, Fast Track Court, Kurukshetra whereby accused- Petitioner was directed to be charge-sheeted for offence under Sections 307/323/325/332/353/394/186 IPC. Vide that order, request of the Petitioner for dropping offence u/s 307 IPC and sending the case to the Magistrate for trial had been declined.

Counsel for the Petitioner has argued that on medical examination of Shamsher Singh, the injuries had been found simple and, therefore, there was no case for offence u/s 307 IPC.

I have gone through the impugned order and am of the view that Petitioner/accused should face trial for graver offence u/s 307 IPC rather than of the offence triable by the Magistrate. If case for offence u/s 307 IPC is not proved then he can be acquitted for that offence.

It as been further pointed out by counsel for the Petitioner that two FI Rs - one bearing No. 54 dated 3.4.2005 (copy Annexure P-1) was recorded at the instance of Presiding Officer, Booth No. 97, Jyotisar, whereas present FIR No. 55 dated 4.4.2005 (copy Annexure P-2) had been recorded on the statement of Head Constable Shamsher Singh regarding that very occurrence.

Counsel for the Petitioner says that proceedings in respect of FIR No. 55 are pending in the Court of Additional Sessions Judge, Fast Tract Court, Kurukshetra whereas proceedings of another FIR No. 54 are pending in the Court of Magistrate at Kurukshetra.

I have gone through both the FI Rs and find that these are substantially regarding same occurrence.

Under these circumstances, the case pertaining to FIR No. 54 dated 3.4.2005 which is stated to be pending in the Court of Magistrate, shall stand transferred for trial to the Court of Additional Sessions Judge, Fast Track Court, Kurukshetra where case pertaining to FIR No. 55 dated 4.4.2005 is being tried.

With these observations, this petition stands disposed of.

Order accordingly.