SAHABUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed under Section 482 Cr.P.C. by the accused-petitioners against the order dated 11.07.2006 passed by the learned Special Judge, SC/ST(Prevention of Atrocities Cases), Tonk(hereinafter referred to as 'the Revisional Court') in Criminal Revision No. 30/2005, whereby the learned Revisional Court dismissed the revision petition filed by the petitioners and upheld the order dated 18.07.2002 passed by the learned Additional Chief Judicial Magistrate, Tonk(hereinafter referred to as 'the Trial Court') whereby the learned Trial Court took cognizance under Sections 498A and 406 IPC on charge sheet submitted by the police.

(2.) Brief facts of the case are that marriage of the accused-Petitioner No. 1 and the complainant-Respondent No. 2, Smt. Samina was solemnized according to Muslim Sariat and customs at Village Jawari on 04.05.1996. Thereafter, relations of husband and wife did not remain cordial and ultimately, father of Samina brought her from the petitioners' house in July, 1997 and since then she is living with her father at Jawari. When all the efforts of the Petitioner No. 1 to fetch her at his residence at Tonk and to live with her and discharge marital obligations failed, the petitioner No. 1 stated to think regarding divorcing her and accordingly he divorced the complainant-wife on 22.03.1999 and informed her through registered post about the Talaknama. The complainant/Respondent No. 2 submitted an application under Section 125 Cr.P.C. for grant of maintenance allowance from the Petitioner No. 1, but interim maintenance application was rejected by the learned Trial Court vide order dated 03.12.2001. After dismissal of the interim maintenance application on 03.12.2001, the complainant filed a complaint on 18.04.2002 making the allegations for the offences punishable under Sections 498-A and 406 IPC against the accused-petitioners. That complaint was sent for investigation to the concerned police station under Section 156(3) Cr.P.C. After due investigation, charge sheet was filed on 20.06.2002 for the offences punishable under Section 498-A and 406 IPC against the petitioners. Thereafter, the accused-petitioners protested to the concerned Magistrate ascertaining therein that the allegations for the aforesaid offences are false and fictitious and the charge sheet has been filed after the limitation prescribed for taking the cognizance of these offences under Section 468 Cr.P.C. and they had invited the attention of the Court to the Police Statement also.

(3.) After hearing both the parties, learned Trial Court turned down the protest of the accused-petitioners vide order dated 18.07.2002. Being aggrieved with the aforesaid order passed by the Trial Court, the petitioners filed criminal revision petition No. 30/2005 and the same was dismissed by the learned Revisional Court vide impugned order dated 11.07.2006. Being aggrieved by the aforesaid orders passed by both the Courts below, this misc. petition has been filed by the accused-petitioners.