REKHABEN RAMESHKUMAR RAVAL Vs. CHOGALALLACHCHIRAM RAVAL

JUDGEMENT

(1.) The petitioner is the original complainant. She had filed a criminal case no. 963/1998 before the learned JMFC, Chota Udepur on 26.11.1998 alleging commission of offences punishable under Sections 498-A, 504, 323, 506(1) read with Section 114 of the IPC against original accused. On the said complaint, learned Magistrate recorded statements of complainant on 26.11.1998 and on the same date issued process against the accused for said offences. Learned Magistrate by order dated 21.7.2004 ordered framing of charges for offence under Sections 498-A, 504, 323, 506(2) read with Section 114 of the IPC.

(2.) Said order of the learned Magistrate was challenged by the original accused by filing Criminal Misc. Application No. 6/2004. Said revision application was partially allowed by the learned Additional Sessions Judge by his impugned order dated 26.7.2006. Learned Magistrate ordered framing of charge for offence under Sections 498-A and 506(1) of the IPC against original accused no.1 Rameshkumar Chogalal Rawal i.e. husband of the complainant. This was in modification of the order of the learned Magistrate who had directed framing of charge against husband for offence under Sections 498-A, 504, 323, 506(2) read with Section 114 of the IPC. With respect to rest of the accused no. 2 to 11, learned Sessions Judge had set aside the order of the Magistrate and dropped all the charges against the said accused.

(3.) Insofar as husband is concerned, there is no further challenge either by him or by his wife and the order of the learned Sessions Judge insofar as accused no.1 Rameshkumar Chogalal Rawal is concerned, same has achieved finality. However, with respect to rest of the accused no. 2 to 11 who are relatives of the husband, order of learned Additional Sessions Judge has been challenged by the wife in the present petition.