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Sarla Sarda vs State & Anr on 4 December, 2017

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.
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.



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