Judgment · High Court

HON'BLE MR. K.S. RATHORE, J. Mr. Kamlakar Sharma for the accused-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. Mr. Karanpal Singh for the complainant. **** The present criminal revision petition under Section 397 r/w Section 401 Cr.P.C. is directed against the order dated 02.11.2006 passed by the Additional District & Sessions Judge (Fast Track), Hindauncity in Criminal Case No. 21/2006, whereby the Court below has allowed the application filed by the prosecution under Section 319 Cr.P.C. and framed charges against the accused-petitioner under Sections 147, 341, 323, 302/149 IPC and cognizance was taken against the petitioner and arrest warrants have been issued. Learned counsel for the accused-petitioner submits that the injury which was attributed to the petitioner was not grievous in nature and looking to the post-mortem report of the deceased Nihal Singh, death was caused on account of the head injury, whereas allegations against the petitioner is that she (2) attributed injury on the head of Raju which was simple in nature. I have heard rival submissions of the respective parties and have also gone through the impugned order dated 02.11.2006. The application of the prosecution filed under Section 319 Cr.P.C. has been allowed as the petitioner's name finds place in the FIR and the witnesses also mentioned the name of the petitioner in their statements. I find no illegality in the impugned order dated 02.11.2006 allowing the application of the prosecution filed under Section 319 Cr.P.C. and at this stage no interference whatsoever is required by this Court. Consequently, the revision petition fails and the same is hereby dismissed. I have already converted the arrest warrants into bailable warrants. /KKC/ (K.S. RATHORE),J.