Learned counsel contends that in regard to an incident, chargesheet was filed on 5 October, 2009 indicating commission of offence by the petitioner and two others under Sections 363/366/368 I.P.C. Supplementary chargesheet was filed indicating commission of offence by the petitioner only under Section 376 I.P.C. on 03.2.2010. Magistrate ignored the supplementary chargesheet and committed the first chargesheet for trial on 16.2.2010. On the first chargesheet, charges were framed on 07.4.2010. All the accused were acquitted vide judgment dated 03.11.2011.
Learned counsel contends that on the second supplementary chargesheet, cognizance was taken against the petitioner on 13.10.2010. Petitioner, however, was not apprised of the fact. At this stage, the supplementary chargesheet is sought to be committed to the court of Sessions for trial.
In the contention of the learned counsel, petitioner has already faced trial in regard to an incident. It was for the trial court to commit even the supplementary chargesheet to the court of Sessions alongwith the earlier chargesheet on 16.2.2010. At this stage, proceedings cannot be initiated, particularly when the petitioner has already been acquitted in regard to the alleged incident.
Issue notice for 07.8.2012.
Further proceedings regarding the petitioner shall remain stayed till the next date of listing.
Order Date :- 18.5.2012 A.Nigam