Moti Singh vs State & Anr on 11 December, 2017

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
__
For Petitioner(s) : Mr. I.R.Choudhary
For Respondent(s) : Mr. M.S.Panwar, PP
__
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/

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