PREM SUKH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the accused petitioner Prem Sukh has approached this Court for challenging the order dated 03.09.2016 passed by the learned Additional Sessions Judge No.2, Nagaur in Appeal No.89/2015 (37/13) (257/14) whereby, the learned appellate court, while accepting the victim's appeal under Section 372 Cr.P.C., set aside the judgments of acquittal dated 26.04.2013 and 03.05.2013 passed by the learned Judicial Magistrate, Jayal in Criminal Case No.83/2011 and remanded the matter to the trial court for fresh consideration and decision as per law.

(2.) After investigation of FIR No.17/2011 lodged by the respondent Smt. Bhanwari, a charge-sheet was filed against the petitioner in the court of the Judicial Magistrate, Jayal for the offences under Sections 406, 494 and 498A IPC and Section 4 of the Dowry Prohibition Act.

(3.) The learned Magistrate, framed charges against the petitioner only for the offences under Sections 494 , 498A and 406 IPC and manifestly, no charge was framed against him for the offence under Section 4 of the Dowry Prohibition Act. After a full dressed trial, the accused Prem Sukh was acquitted from the charges under Sections 494 , 498A and 406 IPC by judgment dated 26.04.2013. The Presiding Officer holding charge of the court of Judicial Magistrate, Jayal appears to have adopted a very strange and suspicious procedure and again took up the matter on the application of the learned Public Prosecutor and passed another judgment dated 03.05.2013 and acquitted the petitioner from the charge under Section 4 of the Dowry Prohibition Act.