SUNITA AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) QUESTION that in what cases, cognizance should be taken under S. 319, Cr. P. C. and in what cases cognizance should not be taken under S. 319, Cr. P. C, has been elaborately dealt with by Hon'ble the Supreme Court in Sarojben Aswini Kumar Shah v. State of Gujarat (2011) 12 SCC 316 : (2011 AIR SCW 5829) and the points of conclusion have been formulated by the Hon'ble Supreme Court as under : -

(2.) NOW ,in the case in hand, the petitioner - complainant Smt. Sunita Agarwal has challenged the order dated 19 -6 -2012 passed by the Addl. Sessions Judge (FT), Chomu, District Jaipur in Criminal Revision No. 5/2012, titled as Smt. Sunita Agarwal v. State of Rajasthan, whereby the revisional Court has dismissed the revision of Sunita Agarwal and upheld the order dated 2 -4 -2012 passed by the Addl. Chief Judicial Magistrate, Chomu by which application under S. 319, Cr. RC. filed by Smt. Sunita Agarwal was dismissed by the Addl. Chief Judicial Magistrate, Chomu.

(3.) I have perused the order dated 19 -6 - 2012 as well as the final judgment of the trial Court dated 1 -2 -2013. The trial Court, by final judgment dated 1 -2 -2013 in Criminal Case No. 1167/2009 titled as State v. Rajesh Kumar etc., has acquitted Babu Lal and Sumitra Devi who are father -in -law and mother -in -law of the petitioner. The main accused - Rajesh Kumar who is husband of the complainant is absconding in the trial Court, so the case has not finally been decided in relation to him and it appears that standing warrant of arrest might have been issued against principal accused - Rajesh Kumar in the trial Court.