BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition is directed against the order dated 12.2.99 passed by the learned Addl. Sessions Judge, Anupgarh whereby he upheld the order of framing the charge under section 420 Penal Code against the petitioners passed by the Addl. Chief Judicial Magistrate, Anupgarh.

(2.) Mr. Joshi contends that the dispute between the parties is of civil nature. He points out that even civil suit for specific performance has been filed by the complainant after lodging the FIR Relying on the cases of Nageshwar Prasad Singh Vs. Narayan Singh 1998 Cr.L.R (SC) 670 and Vijay Raj & Ors. Vs. State of Rajasthan 1999(1) RCD-117 (Raj.) he submits that the charge framed against the petitioners be quashed.

(3.) The learned Public Prosecutor opposes the petition mainly on the ground that the petitioners have already availed of an opportunity of filing revision against the order of framing charge and that revision has been dismissed, and this petition is nothing but a second revision petition in the garb of misc. petition.