HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
HON’BLE MR. JUSTICE SANDEEP MEHTA
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.