KAMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners Smt. Kamla Devi and Devendra Singh have filed the present criminal misc. petition under Sec. 482 Cr.P.C. against the order dtd. 11/4/2022 passed by learned Additional Sessions Judge (Women Atrocities Cases), Jaipur Metropolitan-II in Criminal Revision Petition No.146/2019 (CIS No.1601/2019), whereby, learned revisional court while partly allowing the revision petition discharged the accused petitioners from the charges framed against them for the offences under Ss. 467 and 468 IPC and maintained the order dtd. 1/10/2019 passed by learned Additional Chief Judicial Magistrate No.11, Jaipur Metropolitan, Jaipur in Criminal Misc. Case No.369/2016, whereby, charges have been framed against the accused-petitioners for the offences under Ss. 419, 420, 471 and 120-B IPC.

(2.) It is submitted in the misc. petition that the order dtd. 1/10/2019 passed by the learned Magistrate framing charge against the petitioners and the order dtd. 11/4/2022 passed by the learned revisional court to the extent of upholding the order of framing charge are ex facie illegal and has been passed without considering the facts of the case. It is submitted that the complainant is not having any locus standi as he is not a person aggrieved in the present case. It is submitted that by lodging FIR the complainant tried to give criminal colour to a civil dispute as the complainant has failed to get any relief in the civil suit or application for temporary injunction.

(3.) It is further submitted in the petition that though on the FIRs, which came to be registered at the instance of Smt. Kamla Devi Rajendra Pareek, the police has submitted negative final report holding it to be a civil dispute but on the contrary the investigating agency, in the present FIR No.872/2012, has submitted charge-sheet, whereas, prima facie it is a civil dispute.