FAROOK AHMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The instant revision petition has been preferred by the petitioner being aggrieved of the order dated 6.9.2012 passed by the learned Sessions Judge, Jodhpur Metropolitan, Jodhpur in Sessions Case No.1 14/2012 whereby charges under Sections 376 and 420 I.P.C. have been framed against the petitioner.

(2.) SUCCINCTLY stated the facts of the case are that the complainant Smt. C. filed a complaint in the Court of learned Additional Chief Judicial Magistrate No.4, Jodhpur on 13.2.2011 alleging inter alia that she contracted a nata marriage with the petitioner as per Hindu rituals and customs at the Village Jhambeshwar Nagar Dhelana on 5.3.1992. She alleged that the nata marriage was performed in the presence of some 12 13 persons in the Panchayat Bhawan of Village Dhelana. She further alleged that from the wedlock, a son named Vipin was born to the complainant and was a student of 10th standard. She further alleged that the accused cheated her and thereby induced her into marrying him by giving her a fraudulent assurance that he had converted to Hindu religion. She further alleged that she was a divorcee and as per Hindu customs and usages, only a nata marriage was possible and, therefore, she entered into the nata marriage with the accused. She further alleged that the act of the accused resulted into destruction of the moral fabric of the complainant.

(3.) THE aforesaid complaint was forwarded to the P.S. Basni, Jodhpur where an FIR No.23/ 2012 was registered for the offences under Sections 376, 419, 420, 494 and 495 I.P.C. The police after investigation filed a charge sheet against the petitioner for the offences under Sections 376 and 420 I.P.C. After committal, the petitioner contested the question 'of charges before the learned Sessions Judge, Jodhpur Metropolitan but the learned Sessions Judge vide order dated 6.9.2012 directed framing of the charges against the petitioner for the offences under Sections 376 and 420 I.P.C. The petitioner has now approached this Court seeking quashing of the order framing charges by way of the instant revision petition.