MOHAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under section 482 Cr.P.C. with the prayer that the two cases lodged against the petitioners may be ordered to tried by one court.

(2.) The facts of the case are that one Ram Karan was married to Smt. Surgyan in the year 1981. During the festival of Diwali, the mother of Smt. Surgyan brought her daughter to village Bhagpur in the absence of Ram Karan after assuring the brother of Ram Karan that she would sent her back after the festival. Since his wife did not return, Ram Karan went to the house of his inlaws to bring back his wife Smt. Surgyan. When Ram Karan reached the village of his inlaws, he learnt about the marriage of Smt. Surgyan to one Roopa Ram resident, of Korsina. Ram Karan alongwith the co-villagers went to the village of Roopa Ram to enquire about the matter. Roopa Ram told him that now Surgyan is his legally wedded wife. Thereupon, Ram Karan filed a complaint under section 494 I.P.C. in the court of Munsif and Judicial Magistrate, Sambar Lake against Roopa Ram and Smt. Surgyan. The learned Magistrate took cognizance of the offence on 3.12.87.

(3.) Thereafter, two reports were lodged, One by Roopa Ram and other by Smt. Surgyan. Roopa Ram lodged a report at Police Station, Sambar on 31.1.88 against some of the petitioners for offences under sections 147, 148, 149, 379, 366 and 323 I.P.C. Smt. Surgyan lodged a report at Police Station, Bajaj Nagar, Jaipur on 2.2.88 under sections 147,366, 376 and 379 I.P.C. In respect of the first report the police filed a challan after investigation and the case has been committed to the court of District Judge, Jaipur District, Jaipur. In respect of the second report the case has been committed to the court of learned Special Judge, Scheduled Caste and Scheduled Tribe, Jaipur.