LAL SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties. The accused-petitioner has filed this criminal revision petition under Section 397 readwith Section 401 Cr.P.C. against the order dated 7.5.2016 passed by the Additional Sessions Judge No. 2, Kishangarh Bas, District Alwar in Sessions Case No. 10/2014 whereby the learned trial Court has ordered to frame charge for the offences under Section 498A, 304B and 406 I.P.C. against the accused-petitioner, who is father-in-law of the deceased.

(2.) It was submitted by the learned counsel for the petitioner that charge-sheet was filed against the petitioner for the aforesaid offences mainly by recording the reasons that 90 days are going to be completed whereas investigation was kept pending against co-accused under Section 173(8) Cr.P.C. by the reason that FSL report was awaited. It was further submitted that thereafter FSL report was obtained and opinion of Medical Board was given to the effect that the death of deceased was natural and on the basis of this opinion a negative report was filed against the co-accused in the Court of Magistrate, which was accepted and proceedings against them were dropped. It was also submitted by the learned counsel for the petitioner that learned Court below have framed charge against the petitioner without considering the order passed by the learned Magistrate qua co-accused and also the statements and opinion of doctors.

(3.) On the other hand, it was submitted by the learned Public Prosecutor that from the perusal of the impugned order it is revealed that the order has been passed after considering the submissions made on behalf of both the parties as well as the evidence collected during investigation which was available on record by way of charge-sheet.