BRAHMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioners challenging the order dated 22.02.2012 passed by the learned Judicial Magistrate First: Class, Merta in Criminal Case No. 163/2005, whereby the learned trial court, on the basis of an application filed by the respondent-complainant No.2., has permitted a certified copy of the proceeding initiated by the petitioner No.1 under Section 9 of the Hindu Marriage Act, to be taken on record.

(2.) The petitioners are facing trial in the Court of the learned Judicial Magistrate, First Class, Merta for the offences under Sections 498-A 406 and 323 IPC and Section 4 of the Dowry Prohibition Act upon a charge-sheet filed after investigation of an FIR filed by the respondent No.2 Smt. Sunita. The charge-sheet was filed in the matter in the year 2005 and when the complainant was about to appear for giving evidence before the learned trial court, she submitted an application for being permitted to prove, the certified copy of the application under Section 9 of the Hindu Marriage Act which was moved by the petitioner No. 1 Brahmanand. The said application was allowed vide impugned order dated 22.02.2012 and now the instant revision petition has been filed seeking quashing of the order dated 22.02.2012 passed by the learned Judicial Magistrate, First Class, Merta allowing the application filed by the respondent No.2, as mentioned above.

(3.) Assailing the impugned order, learned counsel for the petitioner submits that there is no provision in law, as per which the complainant can be permitted to file a document on record of a criminal case subsequent to the charge-sheet having have been filed. He submits that the only procedure for submission of a docurpent, in a case instituted upon a police report, is that the police should file an application under Section 173 (8) Cr.P.C. for placing the document on record. Learned counsel submits that Section 91 Cr.P.C. is not the provision, whereby, the complainant can be permitted to submit document(s) before the trial court. In support of his arguments, learned counsel for the petitioners has placed reliance upon a decision of this Court in the case of Bhagwan Singh & Ors. v. State of Rajasthan & Anr, S.B. Criminal Revision Petition No. 1138/2007, decided on 29.5.2008