ASHA RANI Vs. RATTNI DEVI

JUDGEMENT

(1.) The petitioners are accused in case FIR No. 301/97 dated 7-6-1997 registered under Sections 218, 466, 467, 474 and 120-B of the Indian Penal Code in Police Station, Una. The FIR was registered at the instance of respondent No. 1 Smt. Rattni Devi. After investigation, the challan was filed in the Court, vide order dated 14-8-2003 the petitioners were discharged by the learned Chief Judicial Magistrate, Una (H. P.). The State as well as the complainant Smt. Rattni Devi had filed separate revision petitions in the Court of Session. Vide order dated 18th August, 2004 the learned Additional Sessions Judge (Fast Track Court) Una set aside the order of discharge, passed by the learned Chief Judicial Magistrate, Una and order for framing of charges against the petitioners herein, under the aforesaid sections and disposed of both the petitions. Now this order has been assailed in the present revision petition by the accused petitioners.

(2.) Shri H. K. Bhardwaj, learned counsel for the petitioners has vehemently argued that there were no reasonable grounds to frame the charges against any of the petitioners and the learned Additional Sessions Judge (Fast Track Court) has gone wrong and not rightly appreciated the report under Section 173, Cr. P. C. and documents appended thereto. He further argued that there are no grounds even to presume the complicity of the petitioners in the crime alleged.

(3.) Contra Shri Janesh Gupta, learned counsel for respondent No. 1 and Shri J. S. Guleria, learned Law Officer for respondent No. 2 have supported the impugned order.