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Smt Sharda vs State Of Rajasthan And Ors on 26 April, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 286/2014

Smt Sharda
—-Petitioner
Versus
State Of Rajasthan And Ors
—-Respondent

Connected With
S.B. Criminal Revision No. 114/2014
Smt Sharda

—-Petitioner
Versus
State Of Rajasthan And Anr

—-Respondent

For Petitioner(s) : Mr. N.K. Singhal
For Respondent(s) : Mr. Aladeen Khan, PP for State
Mr. S.. Dhanera, for respondents

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

26/04/2018

S.B. Criminal Misc. Petition No.286/2014:

Smt. Sharda, complainant-petitioner herein, had lodged a

FIR bearing No.69/02 on 21.11.2002 at Police Station Mahila

Thana, Bharatpur, against her husband Sher Singh and other

relations of the husband. The accused named in he FIR were tried

by the Court of Judicial Magistrate No.2, Bharatpur. The said court

vide impugned judgment dated 5.12.2008 acquitted relations of

Sher Singh of all the offences. However, husband Sher Singh was

acquitted of offence under Section 406 IPC, but was convicted and

sentenced for offence under Section 498A IPC. Aggrieved against

the same, husband filed Criminal Appeal. Complainant wife also
(2 of 2) [CRLMP-286/2014]

filed a criminal revision against acquittal of Sher Singh for offence

under Section 406 IPC and qua other accused for all the offences.

The appellate court below allowed the appeal filed by the husband

and acquitted him for offence under Section 498A IPC. Criminal

revision preferred by the petitioner was dismissed by the Court of

Additional Sessions Judge No.2, Bharatpur vide impugned

judgment dated 9.12.2013.

To assail acquittal of relations of the accused, only remedy

available with the petitioner was to file appeal under Proviso to

Section 372 Cr.P.C. It may be noted that Proviso to Section 372

IPC was inserted in 2009. Therefore, the petitioner-complainant

could not even file appeal under the Proviso to Section 372 Cr.P.C.

as right of appeal shall not operate retrospectively. In that

eventuality, only remedy available to the petitioner-complainant

was to approach the State Government to file application for

criminal leave to appeal under Section 378 Cr.P.C. Acquittal

recorded by the court below after appreciation of evidence cannot

be assailed in a petition under Section 482 Cr.P.C.

Hence, the present petition being devoid of merits, is

dismissed.

S.B. Criminal Revision Petition No.114/2014:

List before appropriate Bench as per roster.

(KANWALJIT SINGH AHLUWALIA),J

Govind/

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