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Sahab Ram & Anr vs State & Anr on 22 November, 2017

S.B. Criminal Misc(Pet.) No. 3027 / 2016
1. Sahab Ram S/o Nanu Ram
2. Jasa Devi W/o Sahab Ram
Both by caste Jat, resident of Kupali, P.S. Ramsinghpur District Sri
1. State of Rajasthan.
2. Smt. Kaushalya W/o Ramesh d/o Dhanna Ram, by caste Jat,
resident of Badopal Tehsil Pilibanga District Hanumangarh.
For Petitioner(s) : Mr.Sardul Bishnoi.
For Respondent(s) : Mr.V.S.Rajpurohit, P.P.
Judgment / Order

The instant petition petition under Section 482 Cr.P.C. is

directed against the order dated 21.3.2014 passed by the learned

Judicial Magistrate First Class, Pilibanga in Cr.Case No.791/2012

whereby, cognizance was taken against the petitioners for the

offences under Sections 498A, 406 and 323 I.P.C., as affirmed by

the revisional court vide order dated 27.5.2016.

After appreciating the arguments advanced by the learned

counsel Shri Bishnoi and after going through the impugned orders

and considering the fact that two courts of competent jurisdiction

have recorded concurrent findings of facts against the petitioners,

I am not inclined to exercise the inherent powers of this Court
(2 of 2)

under Section 482 Cr.P.C. so as to quash the proceedings.

However, since the order taking cognizance is an ex-parte order,

the petitioners are given liberty to raise all their objections before

the trial court at the stage of framing of charges. The trial court is

directed to objectively consider such objections and decide the

same by a reasoned order while considering the aspect of charges.

The misc. petition and the stay petition are thus disposed of

in these terms.


/tarun goyal/

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