SUJUKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition under Sec. 482 Cr.PC the petitioner Smt. Sujuki is challenging the order dated Feb. 7, 1996 passed by Civil Judge (Lower Division) and Judicial Magistrate, Nasirabad, District Ajmer.

(2.) Two-fold submissions are made by the learned counsel. The first submission is that there was no material before the learned Magistrate for taking cognizance against the petitioner, who is a lady. According to learned (sic) the name of the petitioner does not find place in FIR. The second submission is that the petitioner is a lady and if the first contention is not accepted by this Court, she is prepared to surrender before the concerned Court, but her interest should be safeguarded. Learned counsel contended that in the FIR three persons were named namely; Kailash, Ramlal and Munna and police after investigation submitted charge sheet against Kailash accused only and a negative report was submitted against Ramla and Munna. However, the learned Magistrate, on the protest petition filed by the Public Prosecutor, took cognizance against Ramlal, Murina and petitioner Smt. Sujuki the impugned order and issued a non-bailable warrant to secure their attendance.

(3.) So far the first contention is concerned, I am of the opinion that the petitioner will have an opportunity to make her submissions before the concerned trial Court at the stage of framing charge to convince the said Court that no prima facie case is made out to frame a charge against her and the said Court shall be in a better position to appreciate the argument in light of the evidence and material on record. Otherwise also, this Court cannot appreciate evidence in exercise of power under Sec. 482 Cr.PC and the powers of the trial Court to consider the matter on evidence at the stage of framing charge are undoubtedly more in comparison to this Court in exercise of power u/s. 482 Cr.PC. So far the second submission is concerned, taking into consideration all the facts and circumstances, including the fact that the petitioner, is a lady and she is willing to surrender appear before the concerned Court to face trial, the following order will meet the ends of justice: