PUSHPA DHARWAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973, here -in -after referred to as 'the Code' has been filed by the petitioners invoking extra -ordinary jurisdiction of this Court being aggrieved by the order dated 17.12.2012, passed in Criminal Revision No.UR/2012, by the learned 15th Additional Sessions Judge, Jabalpur, arising out of order dated 19.11.2011, passed in Criminal Case No.18749/2008, by the Judicial Magistrate First Class, Jabalpur, whereby the application preferred by A.D.P.O. (the prosecutor) under Section 321 of the Code has been allowed and the respondent no.2 has been acquitted from the charges punishable under Sections 341, 294 and 323, IPC.

(2.) The facts of the case in brief are that the petitioner no.2 Ku. Parbeen lodged an FIR at Police Station Cantt, Jabalpur against the respondent no.2 Ravindra Singh stating that on 25.10.2008 at about 11.45 a.m. the respondent no.2 has committed Marpeet with her and her family members the petitioner No.1 Ku. Pushpa and the petitioner No.3 Smt Thakri Devi and tried to disrobed to outrage her modesty. On the basis of said report the Police have registered a Crime No.377/2008, for the offence punishable under Section 341, 294 and 323, IPC.

(3.) Admittedly, with regard to this incident counter FIR has also been lodged by the respondent no.2 against the petitioners. On the basis of the said report the Police have registered the Crime No.378/2008, for the offence punishable under Sections 341, 294, 506, 323 and 34, IPC. After investigation, both the parties were charge -sheeted before the competent Court and after framing the charge, trial of these cross cases has been commenced and both the cases have been fixed for evidence before learned trial Court for 30.11.2011.