BINJALI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant revision under Sec. 397/401 Cr.RC. The petitioner has challenged the order dated 4.2.2004 passed by the Additional Sessions Judge, Sri Karanpur framing charge against her for offence under Sec. 211 I.RC.

(2.) The relevant facts giving rise to the instant petition ere that the petitioner Binjali Devi submitted a written complaint at the Police Station, Sri Karanpur on 9.6.98 stating that on 1.6.98 at about 9.30 RM. while she was returning from her brothers house Mangat Ram came out from the hideous and caught her. It is alleged that he committed rape upon her. On this information a case under Sec. 376 I.RC. has been registered. After investigation police forwarded a final report which was accepted on 5.10.98 by the court of Judicial Magistrate, 1st Class, Sri Karanpur. Subsequently the S.H.O., Police Station, Karanpur has filed a complaint in the court of Additional Chief Judicial Magistrate, Karanpur. For the prosecution of the petitioner for offence under Sec. 211 I.RC. The learned Magistrate by order dated 23rd July, 2003 sent the matter to the court of Sessions Judge as the offence under Sec. 211 (3) being triable by the court of Sessions.

(3.) It is submitted by the learned counsel that in view of the bar contained in Sec. 195(1)(b)(i) no court can take cognizance of any offence punishable under Sec. 193-196, 199-200, 204-211 and 228 I.RC. When such offence is alleged to have been committed in, and in relation to, any proceedings in any court except on the complaint in writing of the court or some court to which that court is subordinate. In my view the contention deserves to be accepted. The submission is supported by the decision of the Apex Court on Arvomdervor Somgi Vs. State reported in 1998(6) S.C.C. page 352.