TAMANDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner by way of present Criminal Miscellaneous Petition filed under Section 561-A of Cr.P.C seeks for setting aside the order dated 28.08.2019 passed by Learned Additional Sessions Judge, Jammu in Case No. 79/921/2019 titled "Harneet Kour v. S. Tamandeep Singh and Ors" whereby the order dated 29.01.2019, passed by learned Judicial Magistrate First Class (Munsiff) Jammu discharging the petitioners herein from the offences mentioned in the Challan against them by the prosecution was set aside.

(2.) Heard and considered the rival contentions of learned counsel on respective side. I have carefully gone through the record called from the court of Munsiff (JMIC), Jammu and also perused the file.

(3.) It has been averred by learned counsel for the petitioners that the petitioners are innocent persons and have been falsely implicated in the FIR by private respondent to satisfy her own vendetta. She contends that the material collected by the prosecution during investigation does not support the prosecution case in framing of charges under Sections 498-A, 323, 504, 506, 109 R.P.C. She further submits that the order impugned has been passed by the revision court without appreciating even the fact that the petitioners No. 3 and 4 are not related to the husband of the private respondent to constitute the offence under Section 498-A R.P.C.