HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3531/2019
Smt Suman Swami W/o Sh. Jai Prakash D/o Sh. Ram Narayan,
Aged About 28 Years, B/c Swami, At Present R/o W.no. 18,
Chhapar, Tehsil- Sujangarh, Dist. Churu (Raj.)
—-Petitioner
Versus
1. State, Through Pp
2. Jai Prakash S/o Sh. Hans Raj, By Caste Swami, Resident
Of W.no. 7, Momasarbas, Shri Dungargarh, District
Bikaner.
3. Smt. Laxmi Devi W/o Sh. Hans Raj, By Caste Swami,
Resident Of W.no. 7, Momasarbas, Shri Dungargarh,
District Bikaner.
4. Hans Raj S/o Sh. Sukha Ram, By Caste Swami, Resident
Of W.no. 7, Momasarbas, Shri Dungargarh, District
Bikaner.
5. Smt. Ranju Devi W/o Sh. Sohan Lal, By Caste Swami,
Resident Of W.no. 7, Momasarbas, Shri Dungargarh,
District Bikaner.
6. Kishan Lal S/o Shri Hans Raj, By Caste Swami, Resident
Of W.no. 7, Momasarvas, Shri Dungargarh, District
Bikaner.
7. Dharmendra S/o Shri Hans Raj, By Caste Swami, Resident
Of W.no. 7, Momasarvas, Shri Dungargarh, District
Bikaner.
—-Respondents
For Petitioner(s) : Mr. Shamboo Singh
For Respondent(s) : Mr. Gaurav Singh PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/10/2019
Instant misc. petition filed under Section 482 Cr.P.C. against
the order dated 29.05.2019 passed by learned Additional Sessions
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Judge, Sujangarh whereby the revisonal court dismissed the
revision petition filed by the petitioner and affirmed the order
dated 25.05.2018 passed by the learned Judicial Magistrate,
Sujangarh by which the application filed under Section 190 Cr.P.C.
for taking cognizance against the accused-respondents for
offences under Sections 498A, Section406, Section354-A Section120B IPC has been
dismissed.
Counsel for the petitioner submits that after through
investigation, police filed challan against the co-accused Jai
Prakash, who is the husband of the petitioner-complainant,
however the Police has not filed any challan against the present
accused-respondents who have harassed her for demand of
dowry. Therefore, petitioner filed an application under Section 190
Cr.P.C. before the trial court for taking cognizance against the
accused-respondents but the same was dismissed in a very casual
manner. The revision against the order of the trial court was also
dismissed. Both the courts below have passed the impugned
orders without considering the material aspect of the matter.
Learned Public Prosecutor has supported the order impugned
and prayed for dismissal of the misc. petition.
I have considered the arguments advanced before me and
perused the impugned orders passed by the courts below.
On perusal of the orders impugned passed by the trial court
as well as revisional court, it is apparent that before passing the
impugned orders both the courts have properly appreciated the
evidence produced by the petitioner-complainant as well as other
material available on record and after considering the material
evidence the learned trial court has rightly rejected the application
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under Section 190 Cr.P.C., which was also affirmed by the
revisional court.
In view of above, I find no perversity and illegality in the
orders impugned or any abuse of process of Court and thus
warrant no interference from this Court.
Consequently, the misc. petition stands dismissed. Stay
application is also dismissed. However, liberty has already been
granted to the petitioner by the trial court to move an application
under Section 319 Cr.P.C. at appropriate stage.
(MANOJ KUMAR GARG),J
183-Anshul/-
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