Omprakash & Anr vs State & Anr on 14 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2067 / 2017
1. Omprakash S/o Roop Narayan

2. Bhupendra S/o Omprakash., Both by Caste Kumawat, Residents
of Quarter No.149- Second “B” Road, Sardarpura, Jodhpur (Raj.).
—-Petitioners
Versus
1. The State of Rajasthan.

2. Smt. Sarita W/o Bhupendra D/o Annuram, Resident of Ward
No.25, R.C.P. Colony, Gurudwara Road, Suratgarh, District Sri
Ganganagar (Raj.).
—-Respondents
__
For Petitioner(s) : Mr.Vineet Jain.
For Respondent(s) : Mr.VS Rajpurohit, PP Mr.Pankaj Gupta.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
14/12/2017

By way of this misc. petition under Section 482 Cr.P.C., the

petitioners have approached this Court for challenging the order

dated 13.7.2016 passed by the learned Judicial Magistrate,

Suratgarh in Criminal Case No.407/2016 whereby, charges were

framed against the petitioners for the offences under Sections

498A, 406 and 323 IPC as modified by the learned Additional

Sessions Judge, Suratgarh in revision decided by order dated

28.4.2017.

Upon hearing the arguments advanced at Bar and after

going through the impugned orders, it is apparent that the

revisional Court itself held that the trial Court’s consideration of
(2 of 2)
[CRLMP-2067/2017]

the matter at the time of framing of charges was perfunctory to

say the least. On a perusal of the order framing charges dated

13.7.2016 passed by the learned Judicial Magistrate, Suratgarh, it

is apparent that same does not reflect compliance of Section 240

Cr.P.C. The petitioners have raised a specific plea that the

proceedings are barred by limitation because the same were

initiated beyond 3 years from the date of commission of the

alleged offences. However, no consideration of such objection is

reflected from either the trial Court or the revisional Court’s order.

Accordingly, the instant misc. petition deserves to be and is

hereby allowed. The order dated 13.7.2016 passed by the learned

Judicial Magistrate, Suratgarh and the order dated 28.4.2017

passed by the learned Additional Sessions Judge, Suratgarh are

quashed and set aside. The matter is remanded to the trial Court

who shall provide fresh opportunity of hearing to the parties and

pass a reasoned order on the aspect of charges after considering

all the objections raised before it.

Stay petition also stands disposed of.

(SANDEEP MEHTA), J.

S.Phophaliya/-

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