HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 3752 / 2017
Sarla Sarda W/o Keshav Sarda, Aged About 55 Years, R/o BQ-45,
Shalimar Bagh, Delhi-110088
1. State of Rajasthan Through P.P.
2. Smt. Rajmani W/o Akhil Sarda, Aged About 32 Years, R/o
Jadgish Prasad Chandak Outside Jasusrar Gate, Near Bhaya
Mandir Bikaner, Rajasthan.
For Petitioner(s) : Mr.KN Vyas.
For Respondent(s) : Mr.MS Panwar, PP.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant misc. petition under Section 482 Cr.P.C. has been
preferred against the order dated 1.2.2016 passed by the Judicial
Magistrate No.3, Bikaner whereby, charges were framed against
the petitioners for the offences under Sections 498A, 406 and 323
The order framing charges is revisable in nature and the
revision has to be preferred within 90 days from the date of the
order. The petitioner has directly approached this Court against
the order framing charges after a lapse of 1 year 8 months from
the order impugned. Thus, apparently, the petitioner has tried to
(2 of 2)
circumvent the due process of law by filing the instant misc.
petition, thus, I am not inclined to exercise my inherent powers so
as to interfere therein.
Consequently, the instant misc. petition is hereby dismissed
as being not maintainable. The petitioner, if so advised may
approach the Sessions Court concerned against the order framing
charges by filing a revision along with an application for
condonation of delay which shall be considered as per law.
Stay petition also stands dismissed.