HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The legal issues in this petition are (i) "Whether order of framing of charge is interlocutory or final in nature? and (ii) Whether against the order of framing of charge, the Revisional Court, i.e., the High Court or the Court of Sessions, should be approached?" It is in this background, the issues involved in this petition are required to be decided.

(2.) By way of filing of this petition, a challenge has been made to the FIR No.818/2010 registered at Police Station Neem Ka Thana, District Sikar and also against the impugned order dtd. 17/9/2024 passed by the Additional Chief Judicial Magistrate No.2, Neem Ka Thana, District Sikar in criminal case No.604/2011 by which the charges have been framed against the petitioner under Ss. 467, 468, 471 & 120-B of IPC.

(3.) Learned counsel for the petitioner submits that for the alleged incident occurred in the year 1989, a report was registered against the petitioner in the year 2010, i.e., after a delay of more than 21 years. Counsel submits that there is a civil dispute pending between the parties for which the false FIR was registered against the petitioner after a great delay to give it a colour of a criminal case. Counsel submits that the aforesaid FIR resulted in negative final report, as the investigating agency was also of the same view that the matter is of civil nature.