ANAND SWAROOP VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners challenging the order dtd. 27/2/2020 passed by the Additional Chief Judicial Magistrate No. 1, Bhilwara in Criminal Regular Case No. 144/2012 (8345/2014) (State of Rajasthan v. Anand Swaroop and Ors.), whereby the trial court ordered to state substance of accusation under Sec. 323 I.P.C. to the petitioners, in pursuance of which, the substance of accusation was stated to the accused-petitioners on 16/4/2021 and 22/7/2021.

(2.) Brief facts of the case are that the complainant-respondent No. 2 - Chandra Prakash Vyas lodged a report regarding an incident dtd. 22/3/2011 against the petitioners and one Ishwardutt at Police Station Kotwali, District Bhilwara on 23/3/2011, upon which, the F.I.R. No. 187/2011 for the offences under Ss. 452, 323 and 341 I.P.C. was registered, which is placed on record as Annexure-12. After investigation, the police submitted the final report (Annexure-17) with the conclusion that case was of non-cognizable nature. On the basis of the police report, the trial court vide Order dtd. 30/3/2012 took cognizance of offence under Sec. 323 I.P.C. against the accused-petitioners and Ishwardutt and proceeded under Sec. 204 Cr.P.C. The above order was challenged by the complainant-respondent No. 2 by way of filing revision petition before the court of Sessions Judge, Bhilwara bearing Criminal Revision Petition No. 165/2012, which was decided on 27/8/2012, whereby while allowing the revision petition, the trial court was directed to take cognizance of offence under Sec. 452 I.P.C. also. The said order was further challenged by the petitioners before this Court in S.B. Criminal Misc. Petition No. 985/2013 (Anand Swaroop and Ors. v. State of Rajasthan and Anr.), which was allowed vide Order dtd. 10/9/2013 and the order passed by the revisional court dtd. 27/8/2012 was quashed with a direction to the revisional court to decide the revision petition afresh after providing appropriate opportunity of hearing to the parties. After that, the revisional court i.e. Additional Sessions Judge (Women Atrocities Cases), Bhilwara vide Order dtd. 29/3/2016 dismissed the revision petition and affirmed the Order dtd. 30/3/2012 passed by the trial court taking cognizance of offence under Sec. 323 I.P.C. only, against the petitioners. Aggrieved by the said order, the complainant-respondent No. 2 preferred S.B. Criminal Misc. Petition No. 2484/2016 (Chandra Prakash v. State of Rajasthan and Ors.), which was dismissed by this Court on 24/1/2017. It is relevant to mention here that against the Order dtd. 29/3/2016, the petitioners also preferred S.B. Criminal Misc. Petition No. 1195/2016 (Anand Swaroop and Ors. v. State of Rajasthan and Ors.), which was dismissed as not pressed vide Order dtd. 24/1/2017 with liberty to the petitioners to raise all their defence before the trial court at the time of framing of charges. Afterwards, the trial court vide Order dtd. 27/2/2020 came to the conclusion that this was a case, in which the provisions of Sec. 251 Cr.P.C. were applicable and there was no ground to stop the proceedings against the accused under the provisions of Sec. 258 Cr.P.C. also. The trial court was of the opinion that offence under Sec. 323 I.P.C. was made out against the accused persons. The trial court, accordingly, ordered to state substance of accusation under Sec. 323 I.P.C. to the petitioners, in pursuance of which, the substance of accusation was stated to the accused-petitioners on 16/4/2021 and 22/7/2021. Aggrieved by same, the petitioners have preferred this misc. petition under Sec. 482 of Cr.P.C. before this Court.

(3.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material on record.