SRIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners have preferred this revision petition under Section 397 of 401 Cr. P.C. to assail order dated 31st of August 2017, passed by Addl. Sessions Judge (Women Atrocities Cases), Udaipur (for short, 'learned trial Court'), framing charge against them for offence under Section 498-A, 406, 304-B read with Section 34 IPC.

(2.) The facts, apposite for the purpose of this revision petition, are that, at the threshold, respondent-complainant lodged an FIR against Manish and all the three petitioners castigating them for offence under Section 304-B, 498-A IPC. Police, after investigation, submitted charge-sheet against Manish husband of deceased Monika, under Sections 498-A, 406 IPC.

(3.) Feeling dissatisfied with the charge-sheet, complainant submitted a petition under Section 190 Cr.P.C. for taking cognizance against petitioners. Thereupon, learned Addl. Chief Judicial Magistrate No. 2, Udaipur took cognizance against all the petitioners for offence under Sections 498A and 406 IPC. Being aggrieved by the same, petitioners preferred a revision petition before Sessions Court, Udaipur and the learned Sessions Judge set aside the order of cognizance. Feeling aggrieved by the order of learned Sessions Judge, complainant laid a revision petition before this Court, which was registered as S.B. Cr. Revision Petition No. 423 of 2008. While allowing the said revision petition, the Court observed that learned trial Court should have taken cognizance against petitioners for offence under Sections 304-B, 498-A and 406 IPC as well as Section 120-B IPC. In compliance of the order passed by this Court, learned trial Court took cognizance against the petitioners for aforesaid offences and committed the case to the Court of Sessions by resorting to Section 209 Cr.P.C.