HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.).
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
For Petitioner(s) : Mr.Vineet Jain.
For Respondent(s) : Mr.VS Rajpurohit, PP Mr.Pankaj Gupta.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
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
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)
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.