Rajasthan Court May 1882 Judgments

Hukamaram and ors. Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1982CriLJ2341

ORDERGuman Mal Lodha, J.1. In this application, under Section 482, Cr. P.C. against the order dated the 7th June, 1979 of Sessions Judge, Bikaner in Sessions case No. 50/76, Hukamaram Umaram & Ramuram, the applicants, contend that the impugned order by which 'hey have been called upon to face the trial and cognizance has been taken against them under Section 319, Cr.. P.C. should be quashed, as it was done on the basis of police statements and no evidence has been recorded by the Sessions Judge.2. Dr. Bhandawat, the learned Public Prosecutor could not dispute the facts as alleged by the petitioners but he submitted that a Sessions Judge was competent to take cognizance on the basis of the police statements recorded under Section 319, Cr. P.C. as per the decision of this Court in Ajayab Singh v. State of Rajasthan 1978 Raj LW 9.3. It is not in dispute that application dated the 14th May, 1979 was moved by the Asslt. Public Prosecutor before the Sessions Court for taking cognizance again...