HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 2670 / 2011
1. Sohan Lal son of Late Shri Durga Shanker,
2. Om Prakash Sharma son of Shri Sohan Lal Sharma,
3. Vijai Kumar son of Shri Sohan Lal
4. Kamlesh son of Shri Sohan Lal
All residents of 24 Jaishri Colony, Dhulkot Road, Udaipur.
1. State of Rajasthan through P.P.
2. Shrimati Vijay Laxmi wife of Shri Om Prakash daughter of Shri
Rewa Shanker, Resident of Rani Station, Rani District Pali
For Petitioner(s) : Mr. Ranjeet Singh for Mr. Pradeep Shah
For Respondent(s) : Mr. K.K. Rawal, PP
Mr. Mahaveer Bishnoi
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. The petitioners have preferred this criminal misc.
petition under Section 482 Cr.P.C. against the order dated
14.09.2011 passed by learned Additional Sessions Judge, Bali
whereby he has dismissed the criminal revision petition
No.38/2009 and affirmed the order dated 29.08.2006 passed by
the learned Civil Judge (Junior Division) and Judicial Magistrate,
First Class, Desuri by which he has taken the cognizance against
the petitioner No.1 under Section 406 IPC and against the
petitioners No.2 to 4 under Section 406/34 of IPC.
(2 of 2)
2. At the outset, learned counsel for the petitioner has
stated that in the earlier statement made by the complainant
under Section 161 Cr.P.C., she had stated that she has received
the amount and articles of dowry and further, the offence under
Section 406 IPC against the petitioner No.1 and Section 406/34
IPC against the petitioner No.2 to 4 is not made out.
3. However, on bare perusal of the impugned orders, it is
clear that both the learned courts below have considered the facts
of the case at length including the precedent law and
contemplated that on bare examination of the evidence collected
by the prosecution, prima facie case against the petitioners is
made out. This Court also agrees to the propositions laid down by
two consecutive courts below and hence, no ground for
interference is made.
4. Consequently, the present petition is dismissed.
(DR. PUSHPENDRA SINGH BHATI)J.