Smt Sita Devi vs State And Anr
2022 Latest Caselaw 10737 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 271/2018

Smt. Sita Devi W/o Shri Jagdish Ram, By Caste Jat, Resident Of
Village Chuntisara, Tehsil And District Nagaur.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan
2.      Smt. Narayani W/o Shri Rooparam, By Caste Jat, Resident
        Of Village Chuntisara, Tehsil And District Nagaur.
                                                                ----Respondents


For Petitioner(s)        :     Mr. OP Sangwa
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               Mr. SR Godara



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

23/08/2022

      The petitioner has preferred the present misc. petition

claiming the following reliefs :-
    "It is, therefore, respectfully prayed that your Lordships
     may graciously be pleased to accept and allow the
     present criminal misc. petition and the impugned order
     dated 20.01.2016 passed by learned Addl. Sessions Judge
     no.2, Nagaur may kindly be quashed and set aside, and
     the revision petition filed by the accused-respondent may
     kindly be ordered to be dismissed."

      Learned counsel for the petitioner submits that in accordance

with the precedent law laid down by Hon'ble Supreme Court in

Kanti Bhadra Shah & Anr. Vs. State of West Bengal,

reported in (2000) 1 Supreme Court Cases 722, the reasons

for framing of charge was not required at this stage and prima-

facie the offence was proved.

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                                                                           (2 of 2)                 [CRLMP-271/2018]



                                         Learned counsel for the respondent is not refuted the

                                   applicability of the judgment of Kanti Bhadra Shah (Supra).

                                         In the given facts and circumstances, the impugned order

                                   dated 20.01.2016 is quashed and set aside and the learned trial

                                   court is directed to proceed with the trial.

                                         Thus, the present misc. petition is disposed of. All pending

                                   applications also stand disposed of accordingly.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

55-Sudheer/-

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