MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C., against the order dated 17.1.2012 passed by Additional Sessions Judge (Fast Track) No. 2, Bharatpur in Sessions Case No. 21/2008, whereby he has summoned the accused petitioners. Brief facts of the case are as under:-

(2.) After the evidence was concluded, the complainant has moved an application before the learned trial Court. The learned trial Court after hearing both sides decided the said application and summoned the petitioner by the order impugned on 17.1.2012. Thereafter, the petitioner has moved this revision petition for quashing of the order dated 17.1.2012 by which he was summoned for the aforesaid offence.

(3.) The learned counsel Mr. Anurag Sharma has contended that the order passed by the court below is patently illegal, improper and unjust. He has further submitted that the court below has acted illegally and with material irregularity by which he has allowed the application under Section 319 Cr.P.C., filed by the complainant. He has further submitted that it is apparent from the FIR as well as the statements of Chauhal Singh (PW. 1), Heeraman (PW. 2) and Pratap Singh (PW. 4) that they have given the improved version vis--vis their statements recorded before the police under Section 161 Cr.P.C. wherein demand of dowry by current petitioners was not made, hence they have implicated the petitioners falsely. He has further submitted that while the court below is considering the evidence of the witnesses from PW. 1 to PW. 15, it has failed to consider the judgment cited by the petitioners before it in 2008 Cr. L.J., 1914 (SC). He has further contended that the court below while allowing the application of the prosecution under Section 319 Cr.P.C., has acted in a mechanical manner by not considering nor appreciating the evidence of the witnesses available on record.