PAPPU Vs. REKHA

JUDGEMENT

(1.) The instant petition under S. 482, Cr. P. C. seeks quashing of order dated 20-8-2005 passed by the learned Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act Cases in Cr. Revision Petition No. 16/2005 whereby the revision petition has been dismissed and order dated 2-4-2004 passed by the learned trial Court in Cr. Case No. 88/2000 dismissing the application of the accused petitioners for fixing the case for pre-charge evidence instead of for framing the charges has been upheld.

(2.) It may be mentioned at the outset that material facts in this case are undisputed. The relevant admitted facts are that the complainant non-petitioner No. 1 lodged an F. I.R. at PS Mahila-II, Gandhi Nagar, Jaipur on 27-6-2000 whereupon F. I. R. No. 88/2000 was registered for offences under Sections 498A and 406, I. P. C. After investigation, negative final report being No. 22/2000 was filed on 26-7-2000. Then, complainant filed protest petition on 6-8-2002 whereupon, statements of the complainant and her father were recorded under Sections 200 and 202, Cr. P. C. The learned trial Court took cognizance on the basis of the said statements vide its order dated 18-2-2003. The accused were summoned. After their appearance, the case was fixed for arguments on charges. The petitioners-accused submitted an application on 5-12-2003 praying that the case itself be fixed for pre-charge evidence and it be tried as a warrant case instituted otherwise than on a police report.

(3.) After hearing both the sides, the trial Court rejected the said application vide its order dated 2-4-2004. The revision filed against the said order was also rejected by the learned Court below. Hence, this petition.