SUMAN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 Cr.P.C. has been filed assailing the legality and validity of the order dtd. 1/2/2019 passed by the learned Additional Sessions Judge No. 1, Alwar (for brevity "the learned Revisional Court") in Criminal Revision No. 29/2016 whereby, while allowing the revision petition preferred by the respondent No. 2- accused (hereinafter referred to as "the accused") and setting aside the order dtd. 16/11/2016 passed by the learned Judicial Magistrate, Thanagazi, District Alwar (for short "the learned Trial Court") taking cognizance against the accused under Ss. 323, 354(A)(1)(iv), 354 (H) (1)(i) and 509 IPC, the matter was remanded back to pass an order afresh on cognizance.

(2.) The relevant facts in brief are that the petitioner/complainant (for brevity "the petitioner") lodged an FIR No. 158/2014 against the accused under Ss. 341, 323, 354 and 504 IPC wherein, the investigating agency after thorough investigation, submitted the negative Final Report finding the allegations to be false. On a protest petition filed by the petitioner thereagainst and after recording her statement under Sec. 200 Cr.P.C. and the statement of Shri Vijay Kumar, her husband, under Sec. 202 Cr.P.C., the learned Trial Court took cognizance against the accused as stated hereinabove. The revision petition filed thereagainst by the accused has been allowed by the learned Revisional Court vide order dtd. 1/2/2019 as stated hereinabove.

(3.) Assailing the impugned order, the learned Counsel for the petitioner would submit that in view of the allegations levelled by the petitioner against the accused in her statement recorded under Sec. 164 Cr.P.C. as also under Sec. 200 Cr.P.C., it was not open for the learned Revisional Court to have set aside the order of cognizance. He, therefore, prays that this criminal miscellaneous petition be allowed, the order dtd. 1/2/2019 passed by the Revisional Court be quashed and set aside and the order dtd. 16/11/2016 passed by the learned Trial Court be restored.