PISTABAI Vs. NARENDRA SINGH

JUDGEMENT

(1.) The applicant/complainant has preferred this revision under Section 397of the Code of Criminal Procedure, feeling aggrieved by the order dated17-12-2004 passed by Second Additional Sessions Judge, Ashok Nagar, in Cri.Revision No. 224/04, whereby set aside the order dated 21-9-2004 and 4-7-2004passed by JMFC, Ashok Nagar in Criminal Case No. 436/2004 whereby the TrialMagistrate has taken cognizance against respondent No. 1 for the offencepunishable under Sections 376 and 354 of IPC.

(2.) Brief facts of the case are, the applicant/complainant Pistabai hadlodged the FIR at the Police Station Nai Sarai with regard to the allegationagainst the respondent No. 1 that on 25-3-2003 at about 11 o'clock in the nightthe complainant was in her house, at that time accused Narendra Singh enteredinto the room, used criminal force on the complainant/prosecutrix and alsocommitted rape on her. The police registered the case but refused to takecognizance against the accused. Thereafter, the applicant/complainant filed aprivate complaint before the JMFC Ashok Nagar. In this complaint case afterrecording of the statement of the complainant and other v/itnesses the learnedTrial Magistrate by order dated 5-6-2004 had taken cognizance against therespondent-accused Narendra Singh and registered the case under Sections 376and 354 of IPC and ordered for issuance of the arrest warrant for the presence of the respondent/accused Narendra Singh, Thereafter on 15-7-2004 therespondent-accused appeared before the Court and filed an application fordismissal of the complaint under Section 204 of IPC. The learned TrialMagistrate on 21-9-2004 after hearing both the parties dismissed the aforesaidapplication on the ground that once the cognizance has been taken, the TrialMagistrate is having no jurisdiction to recall the earlier order passed by him fortaking cognizance against the accused. Aggrieved by which the respondent-Narendra Singh preferred a Criminal Revision No. 224/2004, which has beendecided by the Second Additional Sessions Judge, Ashok Nagar by theimpugned order dated 17-12-2004 and allowed the revision petition, set asideboth the orders dated 5-6-2004 and 21-9-2004 passed by the Trial Magistrate anddismissed the complaint filed by the applicant. Aggrieved by the aforesaidimpugned order the applicant/complainant came up before this Court by thisrevision petition.

(3.) Having heard the learned Counsel for the parties and perused therecord.