[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 1309/2007 KARAN SINGH Vs. STATE OF RAJASTHAN 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. **** The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 24.10.2007 passed by the Additional District & Sessions Judge (Fast Track) No.3, Bharatpur in Sessions Case No. 52/2007, by which the Court below has dismissed the application moved by the complainant- petitioner through A.P.P. under Section 319 Cr.P.C. for taking cognizance for the offence under Section 307 IPC against accused Mohan Singh and Mangtu. I have heard learned counsel for the complainant/petitioner, learned Public Prosecutor for the State and have also gone through the order impugned dated 24.10.2007 passed by the Court below as also the statements of witnesses PW1 Karan Singh, PW2 Darab Singh, PW3 Omprakash and PW4 Bhajan Lal. [2] It appears that the trial Court while rejecting the application moved on behalf of the complainant through A.P.P. under Section 319 Cr.P.C., exercised its discretionary powers and held that the prosecution failed to adduce evidence, but it appears that the trial Court has not properly appreciated the evidence of witnesses PW1 to PW4 and has rejected the application under Section 319 Cr.P.C. Therefore, in the interest of justice, this Court deem it proper to quash and set aside the order impugned dated 24.10.2007 passed by the Additional District & Sessions Judge (Fast Track) No.3, Bharatpur and remand the matter back to the trial Court for fresh adjudication on the application under Section 319 Cr.P.C. and shall pass fresh order after appreciating the evidence witnesses PW1 to PW4 and after giving opportunity of being heard to the parties. With these observations, the criminal revision petition stands allowed. (K.S. RATHORE),J. /KKC/ [3] S.B. CRIMINAL MISC. STAY APPLICATION NO. 474/2007 IN S.B. CRIMINAL REVISION PETITION NO. 1309/2007 KARAN SINGH Vs. STATE OF RAJASTHAN 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/