SASHIKANT RAJGURU Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure against the order dated 20th April, 2009 whereby the learned Additional Sessions Judge dismissed a Revision Petition filed by the petitioner against the charge framed against him under Section 506 of IPC.

(2.) The case of the prosecution is that the appellant had repeatedly raped the prosecutrix between 14.8.2000 to 5.3.2001. The FIR was accordingly registered under Section 376 of IPC and chargesheet against the petitioner was filed under Section 376, 506(1) and 342 of IPC. Vide order dated 18.11.2004, charges against the petitioner was framed for the offence punishable under Section 420, 328, 366 and 376 of IPC. However, vide subsequent order dated 30.11.2004, Section 376 and 420 were deleted and a charge under Section 506 of IPC was directed to be framed against the petitioner. This Court vide order dated 4.4.2005, remanded the matter to the Additional Sessions Judge for sending the case to the Court of Metropolitan Magistrate, since offence under Section 506 was triable by the Magistrate. However, the learned Magistrate again committed the case to Court of Sessions noting that this Court had not deleted the charges punishable under Section 328 and 366 of IPC, both of which were triable by Court of Sessions. This Court vide order dated 14.9.2007 deleted the offence punishable under Section 328 of IPC and clarified that the petitioner was to be charged only for the offence under Section 506 of IPC. The learned Magistrate accordingly framed charge against the petitioner under Section 506 of IPC.

(3.) During the course of hearing, the learned counsel for the petitioner sought quashing of the charge solely on the ground that the offence under Section 506 of IPC being non-cognizable, the Police could not have carried out investigation without order of the Magistrate under Section 155(2) of Cr.P.C. and, therefore, the cognizance taken and the charge framed against the petitioner is bad in law.