KALU SINGH Vs. STATE

JUDGEMENT

(1.) No one has appeared on behalf of the petitioners.

(2.) Heard the learned counsel for the private respondent - Shri Suresh Kumbhat and Shri Sheetal Kumbhat and the learned Public Prosecutor as well as gone through the order under challenge passed by the Court of first instance and the Court of Revision and also gone through the niceties of the matter.

(3.) Bereft of elaborate details, succinctly stated the facts of the case are that a prosecution was launched at the instance of respondent No.2 for subjecting her to cruelty and maltreatment during her matrimony. Though in the FIR, she levelled allegations of causing injuries and forcibly making her to swallow contaminated/poisonous substances and the role of the petitioners were also mentioned, however, after conducting thorough investigation, due reasons were given by the Agency and only the husband of the respondent No.2 was charge-sheeted for committing offence under Ss. 498-A, 323 and 325 of IPC. It is notable that the conclusion of the Investigating Agency was never made to challenge by the complainant party or by the State of Rajasthan. It is also noteworthy that no application under Sec. 190 of Cr.P.C. was moved on behalf of the respondents. After taking cognizance of the offence, the learned trial Court proceeded to hear the parties on the question of charge. Vide order dtd. 25/11/2017, the learned trial Court framed charges under Sec. 498-A, 323 and 325 of IPC. After commencement of the trial, eight witnesses were examined on behalf of the prosecution and at that juncture, an application came to be moved on behalf of the respondent No.2 under Sec. 319 of Cr.P.C. for arraigning the petitioners also as an accused party in light of the evidence brought on record, the learned trial Judge allowed the application. The another application moved by her under Sec. 216 of Cr.P.C. was dismissed though no challenge has been made ever by any of the parties.