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Smt Suman Swami vs State on 15 October, 2019

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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