ROSHNI DEVI Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) This criminal misc. petition has been preferred by the petitioner against the order dated 26.3.2009 passed by the Additional Sessions Judge, Anoopgarh (hereinafter referred to as 'the revisional Court') while dismissing the revision petition filed by the petitioner against the order dated 20.9.2006 passed by the Judicial Magistrate, First Class, Anoopgarh (hereinafter referred to as 'the trial court') whereby the charge was framed against the petitioner for the offence punishable under Section 406 I.P.C.

(2.) Brief facts of the case are that respondent No.2 Bahaudin filed a complaint before the trial court while stating that he and the petitioner are residents of the same village and she is his Dharm Bahan (sister in relation). On 2.11.2000, he handed over Rs.50,000/- to petitioner Roshni Devi on the Bus Stand Anoopgarh to hand it over to his brother at Village Sataiya. However, on 3.11.2000, when he inquired from his brother about money, then his brother informed that petitioner Roshni Devi did not hand over any money to him. The respondent Bahaudin then approached the petitioner Roshni Devi, but she refused to return the money.

(3.) On receiving this complaint, the trial court forwarded the same to the police under Section 156(3) Cr.P.C. for investigation. The police station Anoopgarh, District Sri Ganganagar lodged an FIR No.7/2000 against the petitioner Roshni Devi for the offences punishable under Sections 420 & 406 I.P.C. After investigation police submitted a negative final report while concluding that no offence as alleged in the complaint had been committed.