Bhanwarlal And Ans vs State
2022 Latest Caselaw 5306 Raj

                                        (1 of 2)                  [CRLR-478/1996]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 478/1996

Bhanwarlal And Ans
                                                                  ----Petitioner
                                   Versus
State
                                                                ----Respondent


For Petitioner(s)        :     Mr. Pradeep Shah
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

08/04/2022
     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Counsel for the petitioner submits that the impugned order

taking cognizance under Section 498-A IPC is barred by law.                 The

punishment prescribed is 03 years and as per Section 468 Cr. P.C.,

limitation of three years is prescribed.

     Counsel for the petitioner has taken this Court to the

conclusive paragraph of impugned judgment, in which, the learned

court below has mentioned that cruelty of second marriage was

happened 08 years ago and 03 years ago the complainant went to

her parental place with her daughter.

     Counsel for the petitioner has placed reliance upon the

judgment of Hon`ble Apex Court in Arun Vyas & Anr. Vs. Anita

Vyas dated 14.05.1999

                    (Downloaded on 08/04/2022 at 08:45:54 PM)
                                                                             (2 of 2)                [CRLR-478/1996]


                                         This Court is convinced that looking into facts of the case as

                                   well as reading of impugned judgment, the bar of Section 468

                                   Cr. P.C., is operating.

                                         The revision petition is allowed. The impugned order dated

                                   05.11.1996 passed by learned additional Sessions Judge, Sojat

                                   camp Jetaran in Criminal Revision No.24/95 (State Vs. Bhanwarlal

                                   & Ors.) is quashed and set aside.


                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

21-nirmala/Sanjay

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