Sandeep vs State & Ors on 17 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 855 / 2015
Sandeep S/o Shri Dev Shankar, By caste Suthar, Resident of
Palara-Saroda, P.S. Sagwara, District-Dungarpur (Raj.)

—-Petitioner
Versus

1.State of Rajasthan

2. Mahesh S/o Shri Nanu Lal By caste Suthar, Resident of Village
Padara, P.S. Sagwara, District Dungarpur (Rajasthan)

2. Smt. Kamala W/o Shri Nanu Lal By caste Suthar, Resident of
Village Padara, P.S. Sagwara, District Dungarpur (Rajasthan)

4. Smt. Chanda W/o Shri Mohan Lal, By caste Suthar, Resident of
Village Padara, P.S. Sagwara, District Dungarpur (Rajasthan)

—-Respondent
__
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. O.P.Rathi, P.P. and Mr. Jitendra Ojha
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
17/08/2017

the instant revision is preferred by the complainant

petitioner for challenging the order dated 20.7.2015 passed by

learned Addl. Sessions Judge, Sagwara in Sessions Case No.

75/2015 whereby charges were framed against the accused

respondents for the offences under Section 498A and 306 IPC.

The complainant has raised a grievance that as a matter of

fact the trial court should have framed charge against the

respondents for the offence under Section 302 IPC as well.

Mr. Rathore urges that if the circumstances so warrant, the

complainant petitioner may be allowed to move an application
(2 of 2)
[CRLR-855/2015]

before the trial court under Section 216 Cr.P.C. and in turn the

trial court be directed to consider and decide the application as

per law.

Learned counsel representing the accused respondents does

not object to this submission.

Accordingly, the instant revision is dismissed as withdrawn

giving liberty to the petitioner to file an appropriate application

under Section 216 Cr.P.c. before the trial court for alteration in

charges if circumstances so warrant. The stay application stands

disposed of.

(SANDEEP MEHTA)J.

/sushil/

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