Bhanwar Prakash vs State Of Rajasthan
2022 Latest Caselaw 5442 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1667/2022

Bhanwar Prakash S/o Purshottam Dass, Aged About 41 Years, Hanumangarh Road, Nai Abadi, Hanuman Mandir, Abohar, Dist. Fazilka Punjab.

----Petitioner Versus

1. State Of Rajasthan,

2. Monika D/o Jagdish Prakash, W.No. 37, Near Panchayat Samiti (Badopal Road) Suratgarh Dist. Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Mahipal Bishnoi, Public Prosecutor

JUSTICE DINESH MEHTA

Order

12/04/2022

1. While inviting Court's attention towards the statements of

prosecution witnesses recorded under Section 161 of the Code of

Criminal Procedure, Mr. Gupta, learned counsel for the petitioner

argues that admittedly complainant-respondent No.2 (petitioner's

wife) has left the matrimonial house five years ago and,

thereafter, she was handed over all the dowry/Stridhan articles on

28.10.2021, as is evident from the Fard Superdagi.

2. Learned counsel having invited Court's attention towards

these facts submits that the FIR, which was registered after three

years of the incident, is barred by limitation and no offence under

Section 406 of the Indian Penal Code can be said to be made out,

as the petitioner has handed over all the articles to the

complainant.

(2 of 2) [CRLMP-1667/2022]

3. Learned counsel relied upon the judgment dated 24.04.2020,

passed by Hon'ble the Supreme Court in the case of Kamlesh

Kalra Vs. Shilpika Kalra & Ors. : Criminal Appeal

No.416/2020.

4. Matter requires consideration.

5. Issue notice. Issue notice of stay application also,

returnable within six weeks.

6. Meanwhile, proceedings in Criminal Case No.44/2022,

pending before the Additional Chief Judicial Magistrate, Suratgarh,

District Sriganganagar shall remain stayed.

(DINESH MEHTA),J 162-Ramesh/-

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