HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 855 / 2015
Sandeep S/o Shri Dev Shankar, By caste Suthar, Resident of
Palara-Saroda, P.S. Sagwara, District-Dungarpur (Raj.)
—-Petitioner
Versus
1.State of Rajasthan
2. Mahesh S/o Shri Nanu Lal By caste Suthar, Resident of Village
Padara, P.S. Sagwara, District Dungarpur (Rajasthan)
2. Smt. Kamala W/o Shri Nanu Lal By caste Suthar, Resident of
Village Padara, P.S. Sagwara, District Dungarpur (Rajasthan)
4. Smt. Chanda W/o Shri Mohan Lal, By caste Suthar, Resident of
Village Padara, P.S. Sagwara, District Dungarpur (Rajasthan)
—-Respondent
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For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. O.P.Rathi, P.P. and Mr. Jitendra Ojha
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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
17/08/2017
the instant revision is preferred by the complainant
petitioner for challenging the order dated 20.7.2015 passed by
learned Addl. Sessions Judge, Sagwara in Sessions Case No.
75/2015 whereby charges were framed against the accused
respondents for the offences under Section 498A and 306 IPC.
The complainant has raised a grievance that as a matter of
fact the trial court should have framed charge against the
respondents for the offence under Section 302 IPC as well.
Mr. Rathore urges that if the circumstances so warrant, the
complainant petitioner may be allowed to move an application
(2 of 2)
[CRLR-855/2015]
before the trial court under Section 216 Cr.P.C. and in turn the
trial court be directed to consider and decide the application as
per law.
Learned counsel representing the accused respondents does
not object to this submission.
Accordingly, the instant revision is dismissed as withdrawn
giving liberty to the petitioner to file an appropriate application
under Section 216 Cr.P.c. before the trial court for alteration in
charges if circumstances so warrant. The stay application stands
disposed of.
(SANDEEP MEHTA)J.
/sushil/