SH RAJESH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 3.5.2012 passed by learned Sessions Judge, Kangra at Dharamshala in SC No.59-D/VII/10/08 framing charge against the petitioner for offences punishable under Sections 376, 420, 406, 493 IPC.

(2.) The facts in brief are that prosecutrix filed complaint before learned Chief Judicial Magistrate, Kangra at Dharamshala under Section 156(3) of the Code, which was sent to the Police Station, Dharamshala for investigation. The police registered FIR No.241/07 dated 2.12.2007 for offences punishable under Sections 376, 420, 406, 493 IPC. On completion of investigation, challan was submitted and thereupon the trial Court on 3.5.2012 has framed the charge against the petitioner for offences punishable under Sections 376, 420, 406, 493 IPC.

(3.) The order dated 3.5.2012 has been assailed on the grounds that perusal of FIR and other documentary evidence including statements under Section 161 Cr.P.C., no case is made out for which charge has been framed by the trial Court. It has been alleged that there seems to be some civil dispute between petitioner and the prosecutrix. Some lending of money seems to be the bone of contention between the parties, but no criminal case is made out on the basis of police report under Section 173 Cr.P.C.