ANITA SINGH Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) These two Criminal Revision Petitions under Section 397 read with Section 401 Cr.P.C. have been filed by the accused-petitioners against the order dated 5.2.2015 passed by the Special Judge, Women Atrocities and Dowry Cases, Jaipur Metropolitan, Jaipur in Sessions Case No.22/2009 whereby the learned trial Court dismissed the applications filed by the petitioners under Section 216 read with Section 239 Cr.P.C. with a prayer to discharge them for the offences for which they are being prosecuted. As both these petitions are based on common questions of law and fact, with the consent of learned counsel for the parties, they are heard together and are being decided by this common order.

(2.) Brief relevant facts for the disposal of these petitions are that marriage between the complainant-Smt.Renu Khidiya and co-accused-Shri Bhupendra Singh took place on 22.4.2004 at Jaipur in accordance with the Hindu Usages and Rites and FIR No.33/2006 came to be registered at Police Station Mahila Thana (East), Jaipur on 26.5.2006 at the instance of the complainant for offences under Sections 498-A, 406, 313 and 120-B IPC and after investigation charge-sheet was filed for the aforesaid offences against the petitioners and co-accused. It is to be noted that petitioner-Smt.Anita Singh is sister-in-law, petitioner-Raghuraj Singh is father-in-law, petitioner-Smt.Manohar Kanwar is mother-in-law of the complainant whereas accused-petitioner Dr.Chetna Agarwal is a practising doctor, who at the time of the said incident was allegedly working in Meera Nursing Home, Jaipur. Learned Court below vide order dated 11.11.2010 directed charge to be framed against the petitioners for aforesaid offences which was challenged by them in this Court by way of S.B.Criminal Revision Petition Nos.25/2011 and 253/2011 respectively and the same were disposed of vide order dated 2.11.2011 in the manner that order dated 11.11.2010 was set aside and the Court below was directed to reconsider the question of framing of charge after considering the judgments cited on behalf of the petitioners and pass a fresh order in accordance with law. In compliance of the order dated 2.11.2011, the Court below reconsidered the question of framing of charge against the petitioners and again vide order dated 7.1.2012 charge for the aforesaid offences was ordered to be framed against the petitioners. The order dated 7.1.2012 was challenged by the petitioners before this Court by way of S.B.Criminal Revision Petition No.172/2012 and S.B. Criminal Revision Petition No.74/2012 and the same were disposed of vide order dated 13.8.2013 with liberty to the petitioners to move an application under Section 216 Cr.P.C. and direction to the Court below to decide the same and further liberty to the petitioners to file revision petition before the High Court against the order which the Court below may pass on the application to be filed by them under Section 216 Cr.P.C. In pursuance of the liberty given to them petitioners filed two separate applications under Section 216 read with Section 239 Cr.P.C. on 19.10.2013 with prayer to discharge them from the offences for which charge-sheet has been filed against them. Learned Court below after hearing the respective parties dismissed the application filed by the petitioners vide impugned order dated 5.2.2015. Feeling aggrieved by the same, petitioners are again before this Court by way of these revision petitions.

(3.) The moot question arising for decision in these petitions is "Once the trial Court has ordered to frame charge for some offences against the petitioners and the revision petitions filed by them before this Court challenging the order of framing of charge have been disposed of without setting aside the order of charge, whether prayer to discharge them can be made by the petitioners in an application subsequently filed under Section 216 read with Section 239 Cr.P.C -