Mr. Raval, Ld. APP for the respondent-State, upon instructions being received from Mr. CR Rana, PSI, Viramgam [Rural] Police Station, stated that the applicant herein lodged FIR being C.R. No. 56/2011 on 12/5/2011 at 19.45 hours against 5 accused persons regarding commission of offences punishable under sections 324, 504, etc. of the Indian Penal Code [IPC] and one of the accused persons, namely Adam Rahemanbhai lodged FIR being C.R. No. 57/2011 against the applicant herein, Usmanbhai and other 5 accused persons for the offences punishable under sections 302, etc. of the IPC. Mr. Raval submitted that after concluding investigation in both the criminal cases, charge-sheets came to be filed in the Court of the Ld. J.M.F.C. Viramgam and so far as the applicant herein is concerned, who had filed FIR being C.R. No. 56/2011, his sessions case is numbered and registered as Sessions Case No. 3/2012.
2. Mr. Pancholi, Ld.
Advocate for the applicant drew my attention to the copies of medical certificates annexed with this petition and submitted that prima-facie the offence punishable under section 307 of the IPC is made out. It is further submitted that since in the instant matter, the investigation was over and the charge-sheet came to be filed and the instant case came to be committed to the Court of Sessions along with the cross murder case, at this stage he may not press this petition before this Court, reserving the remedy of the applicant to apply for addition of the offence punishable under section 307 of the IPC before the concerned Sessions Court and it is submitted that at the time when the concerned Sessions Court shall take up the exercise of framing charge, the concerned Sessions Court may take into consideration the submissions which may be made on behalf of the State, who shall be assisted by the present applicant in the capacity as the complainant in the said matter.
3. Upon the above statement being made, the instant petition stands disposed of, reserving the liberty of the applicant herein, who is original complainant [first informant] in connection with the criminal matter, which is now numbered and registered as Sessions Case No. 3/2012, to apply before the concerned Sessions Court for addition of offence punishable under section 307 of the IPC and the Sessions Court shall decide such application on its own merits after considering the relevant materials that may be placed by the applicant herein before the concerned Sessions Court and shall decide such application in accordance with law. Notice is discharged. DSP.
(J.C.UPADHYAYA, J.) * Pansala.
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