IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr MMO 20 of 2008 Date of decision: 09.05.2008 Punjab Singh Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice V.K.Ahuja Whether approved for reporting1? No.. For the petitioner: Mr. Y.P.S.Dhaulta, Advocate. For the respondents Mr. J.S.Guleria, Law Officer. No.1 and 2: V.K.Ahuja, J ( Oral) The brief facts of the case are that the petitioner lodged FIR with the police on 20.2.2005 which was registered under Section 498-A/306 IPC. The investigation was conducted by the police and Challan has already been filed by the police and the next date for hearing before the learned Sessions Judge is 29.5.2008 for evidence on day-to-day basis. The grievance of the petitioner is that an offence under Section 302 IPC was made out and, therefore, the case should be sent back for re-investigation. The prayer should have been made at the initial stage before the filing of the Challan before the Magistrate and once the Challan was filed and cognizance has been taken by the learned Sessions Judge, the orders cannot be passed by the learned Magistrate. It is for the petitioner to file appropriate application before the learned Sessions Judge before whom the case is pending and it is for that Court to consider the prayer for re-investigation of the case under Whether the reporters of Local Papers may be allowed to see the Judgment? 2 302 IPC. The learned Sessions Judge shall pass appropriate orders on the application in accordance with law if such application is filed before it. With these observations, the petition filed by the petitioner is dismissed. The petitioner is at liberty to move appropriate application before the Sessions Judge, if so advised. 9th May, 2008 (V.K.Ahuja),J. (SDS)