HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3197 / 2017
Moti Singh S/o Shri Tej Singh, Aged About 65 Years, By Caste
Rajput, Resident of 305, Antariksh Apartment, Sector No. 11,
Hiran Magari, Udaipur.
—-Petitioner
Versus
1. State of Rajasthan
2. Lal Singh S/o Shri Jawahar Singh Sisodia, Resident of 5 Nemi
Sagar Colony, Vaishali Nagar, Jaipur.
—-Respondents
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For Petitioner(s) : Mr. I.R.Choudhary
For Respondent(s) : Mr. M.S.Panwar, PP
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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
11/12/2017
Heard learned counsel for the petitioner and the learned P.P.
Perused the material on record.
By way of this petition under Section 482 Cr.P.C., the
petitioner has approached this Court so as to challenge the order
dated 28.9.2016 passed by learned Special Addl. Chief Judicial
Magistrate(PCPNDT Act Cases), Udaipur in Cr. Case No. 655/2014
whereby learned trial court directed framing of charge under
Section 498A IPC against the petitioner and also the order dated
6.6.2017 passed by learned Addl. Sessions Judge (Woman
Atrocities Cases), Udaipur whereby the said order of the trial court
was affirmed.
I have heard and appreciated the arguments advanced by
(2 of 2)
[CRLMP-3197/2017]
Mr. Choudhary and after going through the impugned order this
Court is of the firm opinion that the courts below appreciated the
evidence available on record in a just and apropos manner while
directing framing of charge against the petitioner for the above
offence. As two competent courts have recorded concurrent
findings of facts against the petitioner in support of the conclusion
that the petitioner is responsible for the offence under Section
498A IPC, this Court while exercising its inherent powers under
Section 482 Cr.P.C. would be loath to interfere in such findings.
In view of the above discussion, I find no merit in this misc.
petition which is hereby rejected.
(SANDEEP MEHTA), J.
/sushil/