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2013 DIGILAW 1232 (RAJ)

Babu Singh v. State of Rajasthan

2013-07-09

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - Petitioners have been named as accused in case F.I.R. No. 420 dated 5.8.2007 registered at P.S. Sangaria for offences under Sections 307, 341, 323, 147, 148, 149, 427 I.P.C. and Sections 3(i)(x) and 3(ii)(v) of SC/ST (Prevention of Atrocities) Act. 2. Counsel for the petitioner submitted that the Investigating Agency had submitted final report in negative form absolving the accused petitioners of the offences. It is stated that however in a protest petition filed by respondent No. 2, petitioners have been summoned to stand for trial. 3. In the present petition, order taking cognizance for the present petitioners have been assailed. 4. After hearing the parties, no ground is made out to quash the order of taking cognizance as it requires appreciation of evidence and same is not permissible in a petition under Section 482 Cr.P.C. However, considering the fact that Investigating Agency had found the petitioners to be innocent, personal appearance of the petitioners in the Court below is exempted on following conditions: (a) That the petitioners shall file an undertaking that during the course of trial they will be represented through a lawyer. (b) That undertaking shall specifically state that the evidence recorded in absence of the petitioners but in the presence of counsel shall be binding upon them. (c) That the petitioners shall undertake to appear before the Trial Court at the time of framing charge, recording of statement under Section 313 Cr.P.C. and at the time of delivery of judgment or at any stage when the Trial Court may seek their presence. (d) That to facilitate exemption of personal appearance, the Court below on appearance of the petitioners shall accept their bail-bonds. Petition disposed of. *******