Smt. Deep Sikha vs State Of Rajasthan ...
2023 Latest Caselaw 7041 Raj

[2023:RJ-JD:29665]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1290/2022


Smt. Deep Sikha W/o Sh. Kripa Shankar Patel D/o Sh. Durgesh

Vishnoi, Aged About 36 Years, I-387, Bapu Nagar, Dist. Bhilwara.

                                                                        ----Petitioner

                                      Versus

1.       State Of Rajasthan, Through Pp

2.       Kripa Shankar S/o Sh. Chet Ram, B/c Patel (Vishnoi) R/o

         Sonkhedi Ps Naya Harsud Dist. Khandwa M.p. At Present

         House       No.   54    Vidhanchal         Nagar          Airport   Road   Ps

         Malharganj Indore M.p.

                                                                     ----Respondents



For Petitioner(s)            :    None Present
For Respondent(s)            :    Mr. S.K. Bhati, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

DATE OF ORDER                             :::                      11/09/2023
BY THE COURT:-

1. The revision petition is barred by limitation, as it came to be

filed belatedly after 85 days of the expiry of limitation period.

However, no application under Section 5 of the Limitation Act has

been preferred on behalf of the petitioner to condone the aforesaid

delay.

[2023:RJ-JD:29665] (2 of 3) [CRLR-1290/2022]

2. The instant criminal revision petition under Section 397/401

of the CrPC has been preferred by the petitioner-complainant

giving challenge to the judgment dated 25.04.2022 passed by the

learned Additional Sessions Judge, (Women Atrocities Cases)

Bhilwara in Criminal Appeal No.39/2020, whereby learned Judge

has affirmed the judgment dated 25.08.2015 passed by the

learned Judicial Magistrate No.2, Bhilwara in Criminal Regular Case

No.72/2011 whereby the learned trial court has acquitted the

accused respondent No.2 from the offence under Section 498A of

the IPC.

3. The accused respondent Kripa Shanker was prosecuted for

the allegation that his behavior with the petitioner was cruel and

she was subjected to maltreatment in connection with demand of

dowry. After rigorous trial and taking into account the existence

of Ex.D/2 notice, Ex.D/3 copy of the plaint and Ex.D/4 the

judgment and decree passed by the learned Family Court,

Bhilwara whereby a decree under Section 9 of the Hindu Marriage

Act was granted in favour of the accused-respondent No.2 as well

as taking into account the fact that the FIR of this case came to be

lodged much after the delay i.e. on 13.05.2010; the learned trial

Court did not find the accused guilty. The judgment of acquittal

was assailed by the petitioner by way of filing the appeal,

however, that too, has been dismissed after making a further

appreciation of evidence vide judgment dated 25.04.2022, the

learned Additional Sessions Judge (Women Atrocities Cases),

Bhilwara in Criminal Appeal No. 39/2020.

[2023:RJ-JD:29665] (3 of 3) [CRLR-1290/2022]

3. After going through the judgment of the learned trial Court

as well as of the learned Court of appeal, I find no reason for

interference by this Court in revisional jurisdiction, thus, the

revision petition deserves to be dismissed.

4. Accordingly, the revision petition is dismissed on both the

counts i.e. on limitation as well as on merit.

5. The stay petition and all pending applications, if any, stand

disposed of.

(FARJAND ALI),J 198-Mamta/-

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