BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has challenged the validity of order dated 12.6.2014 passed by Sessions Judge, Sikar in Criminal Revision Petition No. 36/2014 whereby learned court below has confirmed the order of cognizance resorted to by the trial court in Criminal Case No. 162/2012, FR No. 78/2012, while disposing of Protest Petition and taking cognizance against both the petitioners on 28.10.2013.

(2.) In nutshell, Smt. Sumitra w/o Shiv Kumar lodged FIR No. 143 on 18.9.2012 with Sadar Fatehpur Police Station, Sikar, for the offences punishable under section 451, 354, 509, 341 of IPC, contents of same being relevant, are quoted as under:- ...[VERNACULAR TEXT OMITTED]...

(3.) The Investigating Agency submitted FR requesting that merely case under section 504 of IPC being non cognizable offence, was found to have been committed and FR No. 78/2012 was submitted on 5.10.2012. The complainant, having filed Protest Petition against the same, has agitated that offence was committed as delineated in the FIR, further statements of Smt. Sumitra, Nirmala and Ganesha Ram were recorded under section 200 and 202 of CrPC, 1973 discussing entire fact scenario and deposition, learned trial court took cognizance of the offence, which was challenged by the accused petitioners before the Court of Sessions Judge, Sikar, the revisional court, while dismissing the Revision Petition on 12.6.2014, the revisional court has upheld the order of cognizance passed by learned trial court dated 28.10.2013 against the accused-petitioners.