SHATRUDHAN TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed by the petitioner under Sec. 482 Cr.P.C. against the order dtd. 17/11/2021 passed by learned Additional Sessions Judge No.3, Bharatpur(for Short 'learned Revisional Court') in Criminal Revision Petition No.12/2021 (CIS No.46/2021) whereby revision petition filed by the petitioner was dismissed and upheld the order framing charge dtd. 1/2/2021 passed by learned Additional Judicial Magistrate No.2, Bharatpur (for Short 'learned Trial Court) in case No.217/2019 by which charge for the offence under Sec. 353 IPC has been framed.

(2.) Learned counsel for the petitioner submits that the learned trial Court had wrongly framed the charge for offence under Sec. 353 IPC against the petitioner. Learned counsel for the petitioner also submits that the learned Revisional Court erred in dismissing the revision petition. Learned counsel for the petitioner also submits that there is no evidence to frame the charge for offence under Sec. 353 IPC against the petitioner. Learned counsel for the petitioner further submits that after investigation, Police has not found the charge proved against the petitioner but learned trial Court had wrongly believed the statements of the witnesses-Dheerendra Pal, Prateek Choudhary, Devendra Kumar Gupta and Mukesh Chand. Learned counsel for the petitioner also submits that the charges could not be framed merely on the basis of the witnesses recorded under Sec. 202 Cr.P.C without taking the previous statement recorded by the Investigating Officer during the investigation.

(3.) Learned counsel for the petitioner further submits that the learned trial Court had not considered the transcript and CD while framing the charge for offence under Sec. 353 IPC against the petitioner. So, order of the learned trial Court as well as learned Revisional Court be set-aside.