1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8563/2008 (Satyanarain Vs. State & Ors.) Date of order : 24.10.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.D. Vyas with Mr. M.A. Siddiqui, for the petitioner. Heard learned counsel for the petitioner. It is submitted by learned counsel for the petitioner that as per the allegations levelled against the petitioner, there is no question of framing charge under Section 364-A of I.P.C. Further, it is argued that no case can be registered in the facts and circumstances of the present case under Section 364-A, therefore, the police has erroneously and illegally filed challan against the petitioner under Section 364-A I.P.C. before the trial Court. I have perused the relevant provision so also the averments made in the writ petition. In my opinion, once the challan has been 2 filed by the Police against the petitioner under certain sections of Indian Penal Code, then, it is open for petitioner-accused to raise his all objections at the time of framing charge. The petitioner can also raise his ground with regard to fact that no challan can be filed under Section 364-A I.P.C. in the facts and circumstances of the case. Accordingly, this writ petition is disposed of with the liberty to the petitioner that at the time of framing charge, he may raise all his objections with regard to non-applicability charge under Section 364-A I.P.C. and the petitioner may also raise his voice against other charges also. It is expected from the trial Court that all the grounds taken by the accused-petitioner will be considered at the time of framing of charges. (GOPAL KRISHAN VYAS), J. arun