[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 758/2003 SMT. BACHNA DEVI Vs. STATE OF RAJASTHAN & ORS. DATE: 04.04.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Vipul Jaiman for Mr. S.S. Sunda for the petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. Mr. Govind Sharma and Mr. Sanjay Jain for the accused-respondents. **** The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 01.04.2003 passed by the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu in Sessions Case No. 223/2003 (24/2002), by which the accused-respondents have been discharged from the offence under Section 307 IPC and the case has been remanded back to the Chief Judicial Magistrate, Jhunjhunu under Section 228 Cr.P.C. for holding trial. Brief facts giving rise to the present criminal revision petition are that on 19.10.99 a report was lodged by Nihal Singh against the present accused-respondents for the offences under Section 143, 323, 451 and 382 IPC, on the basis of which FIR No. 227/1999 was registered by the police. The SHO Shivpal Singh went to the village Gothda for investigation in regard to FIR No. [2] 227/99. He inspected the place of incident and when he was conducting investigation, the accused- respondents came there armed with weapons forming an unlawful assembly and obstructed the investigation. The accused-respondents gave beating to the police party and the family members of the petitioner and also damaged the police jeep and snatched the police papers. With regard to this incident, FIR No. 228/99 was lodged by Shivpal Singh, SHO with the Police Station Bagad for the offences under Sections 147, 149, 307, 382, 353, 332, 323, 336 IPC and Section 3 of the P.D.P.P. Act, 1984. After investigation, the police submitted challan against the accused- respondents for the aforesaid offences. The Chief Judicial Magistrate committed the case to the Sessions Judge as the offence under Section 307 IPC was triable by the Court of Sessions and the case was transferred to the Court of Additional Sessions Judge, Jhunjhunu for trial. On 01.11.2002, the Additional Sessions Judge, Jhunjhunu after going through the challan papers, has observed that prima-facie case for the offences under Sections 147, 148, 307, 382, 323, 332, 353, 336 IPC and Section 3 of the P.D.P.P. Act is made out against the accused-respondents and therefore, ordered to frame charges for the aforesaid offences against the accused-respondents vide its order dated 01.11.2002. Thereafter the [3] case was transferred to the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu for trial. On 01.04.2003 the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu having heard the arguments on charge, discharged the accused- respondents from the offence under Section 307 IPC and remanded the matter back to the Chief Judicial Magistrate, Jhunjhunu for holding trial. I have heard rival submissions of the respective parties and gone through the order dated 01.11.2002 passed by the Additional Sessions Judge, Jhunjhunu as well as the order impugned dated 01.04.2003 passed by the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu, by which the accused-respondents have been discharged from the offence under Section 307 IPC. I have also carefully gone through the record of the case. Upon perusal of the order impugned dated 01.04.2003, it appears that the order is not speaking one and the Court below has not properly considered the facts and circumstances and the record of the case and has only expressed that all the injuries sustained by the injured persons are simple in nature, but has not considered the aspect that the injury inflicted on the head of the injured, may be simple in nature, could be fatal and without discussing as to whether the offence under Section 307 IPC is made out or not, discharged the accused-respondents from the [4] offence under Section 307 IPC, which is per se contrary to the settled preposition of law and also contrary to the record. Therefore, without expressing any opinion on the merits of the case, this Court deem it proper to quash and set aside the order impugned dated 01.04.2003 and remand the matter back to the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu for fresh adjudication and shall pass speaking order afresh after giving opportunity of being heard to the parties and after appreciating the evidence adduced and the injuries sustained by the injured. With these observations, the criminal revision petition stands allowed. Record be sent back forthwith. (K.S. RATHORE),J. /KKC/ [5] S.B. CRIMINAL MISC. STAY APPLICATION NO. 359/2003 IN S.B. CRIMINAL REVISION PETITION NO. 758/2003 SMT. BACHNA DEVI Vs. STATE OF RAJASTHAN & ORS. DATE: 04.04.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. M.L. Kumawat for the complainant-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** Since the criminal revision petition has been allowed today, the stay application stands dismissed as having become infructuous. (K.S. RATHORE),J. /KKC/