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Pappu Singh & Anr vs State & Anr on 9 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 77 / 2015
1. Pappu Singh S/o Shri Sher Singh, by caste Majbi Sikh,
resident of Kaminpura, Tehsil Sri Karanpur District Sri Ganganagar.
2. Rakhi W/o Pappu Singh, by caste Majbi Sikh, resident of
Kaminpura, Tehsil Sri Karanpur District Sri Ganganagar.
—-Petitioners
Versus
1. The State of Rajasthan
2. Girdhari Singh S/o Shri Gajjan Singh, by caste Majbi Sikh,
resident of Village 38 P.S. Tehsil Raisinghnagar District Sri
Ganganagar.
—-Respondents
__
For Petitioner(s) : Mr.Rakesh Matoria.
For Respondent(s) : Mr.OP Rathi, PP.
None present for the respondent no.2 complainant.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
09/11/2017

None present for the respondent no.2 even in second round.

By way of this revision, the petitioners being father-in-law

and mother-in-law respectively of the deceased Smt. Sandeep

Kaur have approached this Court for challenging the order dated

5.1.2015 passed by learned Special Judge (Women Atrocity and

Dowry Cases) cum Additional Sessions Judge, Sri Ganganagar in

Sessions Case No.2/2015 whereby, application submitted by the

prosecution to summon the petitioner as additional accused in the

case was allowed.

Shri Matoria has today placed on record copy of judgment
(2 of 2)
[CRLR-77/2015]

dated 25.7.2016 passed by the learned Special Judge whereby,

the principal charge-sheeted accused Nikka Singh being the

husband of deceased has been acquitted from the charges under

Sections 498A and 304B IPC.

In view of the fact that the principal charge-sheeted accused

Nikka Singh has been acquitted of the charges under Sections

498A and 304B IPC, the trial of the accused petitioners even if

allowed to be conducted would be nothing short of an exercise in

futility.

Resultantly, the instant revision petition is allowed. The

impugned order dated 5.1.2015 passed by learned Special Judge

(Women Atrocity and Dowry Cases) cum Additional Sessions

Judge, Sri Ganganagar is quashed and set aside as being bad in

eye of law.

Stay petition also stands disposed of.

(SANDEEP MEHTA),J.

S.Phophaliya/-

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