VIJAY RAJ & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition is directed against the revisional order dated 11.9.97 passed by the Special judge, SC/ST Cases, Merta, whereby he upheld the order of the ACJM, Merta, dated 9.4.97 framing the charges against the petitioners.

(2.) Mr. Mehta contended that there is no material worth the name on record to frame a charge under Sec. 406 Penal Code or 420 Penal Code and the trial court has committed error in framing the charges. According to him , the dispute is purely of civil nature and if the proceedings are allowed to continue there will be unnecessary harassment to the petitioners and it will be the abuse of the process of the court.

(3.) Mr. Joshi, on the other hand, raising preliminary objection contended that the petitioners have already availed the opportunity of filing revision against the order of framing charge before the Session Judge and hence, this petition is not maintainable because of the - under sub-sec. (3) of Sec. 397 Crimial P.C. He relied on the cases of Jagdish Narain Sharma Vs. State of Rajasthan 1998 Cr.L.R. (Raj.) 293 , Mohan Lal Vs. State of Rajasthan 1995 Cr.L.J. 2403 , Munni Lal Vs. State of Rajasthan 1996 Cr.L.R. (Raj.) 21 , Dharam Pal and Others Vs. Smt. Ramshri & Others 1993 (1) Crimes 304 and Rajan Kumar Vs. State of Karnataka 1990 Cr.L.R. (SC) 602 .