JAGDISH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been preferred under Sec. 482 Criminal Procedure Code, 1973 to assail the order dated 5.10.2016 passed by the Court of Metropolitan Magistrate, No. 22, Jaipur Metropolitan, Jaipur, whereby the said Court in-spite of the order dated 15.7.2016 afforded opportunity to the complainant to lead pre-charge evidence, it is prayed that the order dated 5.10.2016 be set aside along with the order dated 16.12.2016 passed by the Court of Additional Sessions Judge, No. 8, Jaipur Metropolitan, Jaipur, whereby the said Court, in revision affirmed the order dated 5.10.2016 passed by the trial Court.

(2.) Succinctly stated, the complainant/respondent No. 2 namely Santosh Kumar Jaiman had instituted a Criminal Complaint bearing No. 160/2011; titled as Santosh Vs. Jagdish and Others, for prosecution of the petitioner/accused and his wife for offences punishable under Sections 120-B, 192, 194, 196, 419 and 420 IPC. In the said complaint, preliminary evidence was recorded and the trial Court on 1.2.2014 took cognizance of the aforesaid offences. On 4.6.2016 i complainant was given opportunity to produce his pre-charge evidence and in-spite of numerous opportunities availed, the complainant had not led evidence. The trial Court fixed date as 15.7.2016, being the last opportunity to lead pre-charge evidence.

(3.) On the said date i.e. 15.7.2016, the trial Court passed the following order:- ...[VARNACULAR TEXT OMITTED] ...