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/
