NARESH SABHARWAL & ORS. Vs. STATE

JUDGEMENT

(1.) By the medium of this petition, filed under Section 561-A of Code of Criminal Procedure (for short, Cr.P.C.), the petitioners are seeking to quash order dated 04.06.2012 passed by the Special Municipal Magistrae, Jammu in file No.68/Challan, in case, titled as, Stae vs Naresh Sabharwal & others, on the grounds taken in it.

(2.) It appears that an FIR, bearing No.7/2008, was lodged in Police Station Women Cell, Jammu, by the complainant under sections 498-A, 406 and 109 of Ranbir Penal Code (for short, RPC) against the petitioners herein, investigation was conducted and charge sheet came to be presented before the trial court, i.e., Special Municipal Magistrate, Jammu, on 03.12.2008. After about four years, the trial court heard the arguments at the stage of framing of charges against the petitioners-accused and prima facie it came to the conclusion that petitioner no.1appears to have been involved for the commission of offences punishable under section 498-A read with section 406 of Ranbir Penal Code (for short, RPC), whereas petitioners 2 and 3 appear to have been involved for the commission of offences punishable under sections 498-A, 406 and 109 RPC. Charges were read out to the petitioners-accused, they pleaded not guilty and claimed to be tried. Accordingly, vide order dated 04.06.2012, impugned herein, the prosecution was directed to lead evidence.

(3.) I have gone through the petition and the order passed by the trial court.