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2025 DAILYLAW 22718 (RAJ)

CHITRESH v. STATE OF RAJASTHAN THROUGH PP

CRLMP/2059/2016 · 2025-01-22

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2059/2016 Chitresh S/o Udai Raj, R/o Gumanpura, Ghosi Mohalla, Kota. ----Petitioner Versus State of Rajasthan Through P.P. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. JS Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 22/01/2025 1. By way of filing of this petition, a challenge has been led to the impugned order dated 10.03.2016 passed by the Additional Sessions Judge, Women Atrocities Cases, No.2, Kota, by which the revision petition submitted by the petitioner against the impugned order dated 25.07.2015 passed by the Judicial Magistrate No.3, North Kota, has been rejected. By passing the order dated 25.07.2015, the learned Magistrate has framed charges against the petitioner for the offences under Sections 498-A and 406 IPC. 2. None has put in appearance on behalf of the petitioner. 3. The contents of the petition indicate that the instant petition has been submitted on the ground that there is no iota of evidence against the petitioner with regard to his involvement in the alleged incident and the complaint/ FIR was registered against the petitioner with ulterior motive, (2 of 2) [CRLMP-2059/2016] hence, under these circumstances, no charge is made out against the petitioner. The aforesaid order was assailed by the petitioner by way of filing a revision petition before the Revisional Court, however, the same was rejected by the learned Revisional Court by observing therein that on the basis of the evidence available on the record, charges were framed against the petitioner for the offences under Sections 498-A and 406 IPC and it was observed that at the stage of framing of charge only prima facie case is required to be seen. The probable defence of the accused cannot be looked into at this stage and accordingly, the revision petition was rejected. The learned Revisional Court has passed reasoned and cogent order, which requires no interference of this Court. 6. Accordingly, the instant criminal misc. petition stands dismissed. The stay application and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/59