Loksingh Kushwah vs Rajeshwari @ Rajshri
2023 Latest Caselaw 70 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 2 nd OF JANUARY, 2023
                CRIMINAL REVISION No. 948 of 2005

BETWEEN:-
1.    LOKSINGH KUSHWAH S/O S/O SHRI MOTIRAM
      K U S H WA H ,       AGED     ABOUT  36   YEARS,
      OCCUPATION:              R/O     VEERPUR      KI
      PA H A D I , S I K A N D A R CAMPOO,    LASHKAR
      GWALIOR (MADHYA PRADESH)

2.    MOTIRAM KUSHWAH (DELETED), AGED ABOUT
      55 YEARS, OCCUPATION: KHETI, R/O VEERPUR KI
      PAHADI    SIKANDAR,    KAMPOO,     LASHKAR,
      GWALIOR (MADHYA PRADESH)

3.    SMT.SHANTI BAIW/O MOTIRAM , AGED ABOUT 50
      YEARS, OCCUPATION: R/O VEERPUR KI PAHADI,
      SIKANDAR, KAMPOO LASHKAR, DISTT.GWALIOR
      (MADHYA PRADESH)

                                                           .....PETITIONER
(SHRI ARUN KUMAR         BARUA,     LEARNED    COUNSEL     FOR    THE
PETITIONERS)

AND
1.    RAJESHWARI   @     RAJSHRIW/O        LOKSINGH
      K U S H W A H OCCUPATION:                  R/O
      VEERPUR,SIKANDER,     CAMPOO,         LASHKAR
      GWL.AT            PRE.MAMA                 KA
      BAZAR,MADHOGANJ,LASHKAR               GWALIOR
      (MADHYA PRADESH)

2.    STATE OF M.P. (MADHYA PRADESH)

                                                         .....RESPONDENTS
(NONE FOR THE RESPONDENTS)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                   2
                                   ORDER

This revision under Section 397/401 of the Code of Criminal Procedure has been filed by the revisionist against the judgment dated 23.12.2005 passed by Seventh Additional Sessions Judge Gwalior in Cr.A. No.275/2005 affirming the order dated 07.10.2005 passed in Criminal Case No.375/2003 by Judicial Magistrate First Class Gwalior whereby petitioners have been convicted and sentenced under Section 498-A of IPC for one year RI with fine of Rs.200/-, with default stipulation.

Present criminal revision has been filed on the ground that trial Court took cognizance of the offence after a delay of more than three years which is

barred by limitation under Section 468 Cr.P.C.

Having heard learned counsel for the petitioner, perused the record. Respondent No.1-Rajeshwari alias Rajshri filed a compliant before the concerned Magistrate. Complaint was sent for inquiry to Police. After inquiry, police came to the conclusion that offence under Section 307, 504, 323, 494 and 498-A of IPC is made out. Thereafter learned Magistrate took cognizance under Section 494, 498-A and 323 of IPC against petitioners. After trial, petitioners were convicted for the offence punishable under Section 498-A of IPC. Thereafter petitioners preferred an appeal before the Appellate Court against the order dated 07.10.2005 passed in Criminal Case No.375/2003 by Judicial Magistrate First Class Gwalior which was dismissed by judgment dated 23.12.2005 passed by Seventh Additional Sessions Judge Gwalior.

As far as offence under Section 498-A IPC is concerned, it is settled principle of law that offence under Section 498-A IPC is a continuing offence. There are allegations made against the revisionist that they were treating the complainant with cruelty on account of dowry demand. The marriage between

the complainant and petitioner No.1 was solemnized in 1992. The last act of cruelty took place in April, 2000 and the trial Court took cognizance on 21.08.2001 which was well within the period of three years from the last act of cruelty. Hence, on this ground no interference is warranted in the order passed by learned trial Court against the revisionist.

Accordingly, present criminal revision is dismissed. Revision file be consigned to record room.

Record be sent back to learned trial Court alongwith copy of of this order.

   Digitally signed
   by YOGENDRA
   OJHA
   Date: 2023.01.04                               (DEEPAK KUMAR AGARWAL)
   10:52:28 +05'30'
                                                           JUDGE
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