PUSHPENDRA SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Accused/Petitioner Pushpendra Singh has preferred this Misc. Petition under Section 482 Cr.P.C. assailing impugned order dated 18.01.2016 passed by Learned Special Judge Dacoity Affected Area, Bharatpur in Criminal Appeal No. 64/2012 by which Learned Lower Appellate Court declined the acquittal of accused/petitioner for the offence under Section 498A I.P.C. and for quashing judgment of conviction and order of sentence dated 5th December, 2012 in Criminal Case No. 307/2011 (State v. Pushpendra Singh) passed by Learned Additional Chief Judicial Magistrate No. 3 Bharatpur.

(2.) The brief facts of the case are that respondent/complainant Ms. Jyotsna Singh lodged an FIR No. 94/2006 against present petitioner at Police Station Mahila Thana, Bharatpur for offence punishable under Sections 498A, 406 I.P.C. where in after investigation police submitted charge sheet against the present petitioner before Learned Magistrate where in after trial accused/petitioner was convicted for offence under Section 498A I.P.C. and sentence for 3 years rigorous imprisonment with fine of Rs. 5000. In default, there of 2 months simple imprisonment.

(3.) Aggrieved by the judgment of conviction and order of sentence dated 5th December, 2012 passed by Learned Additional Chief Judicial Magistrate No. 3, Bharatpur in Criminal Regular Case No. 307/2011 (State of Rajasthan v. Pushpendra Singh) accused/petitioner preferred Criminal Regular Appeal which is presently pending before Learned Special Judge Dacoity Affected Area, Bharatpur being criminal appeal no. 64/2012 (Pushpendra Singh v. State)