RAMZAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the petitioner Ramjan Khan (hereinafter referred to as 'the complainant') has approached this Court for assailing the order dated 16.1.2014 passed by the learned Additional Sessions Judge No.3, Bikaner in revision No.159/2012 whereby the revisional court set aside the order dated 19.11.2012 passed by learned Judicial Magistrate (First Class), Khajuwala in F.R. Case No.58/2009 taking cognizance against the private respondents for the offences under Sections 363, 366, 376(2)(g) and Section 120B I.P.C.

(2.) Facts in brief are that the petitioner herein lodged a written report at the P.S. Khajuwala on 21.3.2009 alleging inter-alia that Smt.'J' d/o Manak Khan is his legally wedded wife. In the month of December, his wife eloped with one Yakar Khan who (Jakir), under the pressure of the community, left her back at the matrimonial home. However, while dropping off Smt.J, Yakar threatened that he would take her away again. Because of intervention of the community elders, no case was lodged by the complainant regarding this incident. On 13.3.2009 in the morning at about 4 O'clock, Yakar Khan again lured and took his wife away with him with the intention of marrying her. The complainant launched a search and came to know that Rameshwar Vishnoi and Januram Jat were also involved in the conspiracy. Rameshwar harbored Yakar Khan for about 10 days and Januram provided the vehicle used for taking his wife away. A community conciliation was attempted on which Yakar Khan's parents and relatives assured that the complainant's wife would be returned safely in 5-10 days and sought a guarantee in return that no legal action should be taken. The complainant alleged that he came to know that the accused persons had forced Smt.J to execute Nikahnama with Yakar and that she had also been subjected to rape. Thereupon, he filed the complaint whereupon, an F.I.R. No.39/2009 was registered at the P.S. Khajuwala for the offences under Sections 143 , 366 , 394 and 120B I.P.C. and investigation was commenced. After conducting investigation, the Police submitted a negative Final Report in the matter. The complainant was given a notice of the negative report. He filed a protest petition upon which, the trial court returned the matter to the Police for further investigation. The Police conducted further investigation and again filed a negative Final Report. Thereupon, the complainant submitted yet another protest petition and got himself, Smt.'J', Santok Singh and Ameen Khan examined before the trial court under Sections 200 and 202 Cr.P.C. The trial court proceeded to pass the order dated 11.11.2011 taking cognizance against the accused persons in the above terms. The accused challenged the order taking cognizance by filing a revision which came to be allowed by the order dated 16.11.2014 which is assailed in the instant revision filed by the complainant.

(3.) I have heard the arguments advanced by the learned counsel representing the parties and have gone through the material available on record.