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2015 DIGILAW 1755 (RAJ)

Shakuntala v. State of Rajasthan

2015-10-07

SANDEEP MEHTA

body2015
JUDGMENT 1. - Heard learned Counsel for the petitioner, learned Public prosecutor and the learned Counsel for the complainant. Perused the material available on record. 2. By the way of the instant Miscellaneous Petition, the petitioners seek to assail the legality and validity of the Order dated 26.5.2014 passed by the learned Additional Sessions Judge, Raisinghnagar in Revision whereby, the Order dated 23.11.2012 passed by the learned A.C.J.M., Raisinghnagar in Criminal Case to. 404-A/2007 summoning the petitioners as additional accused in the above case under Section 319 Cr.P.C. was affirmed. 3. The Trial Court after recording statements of three prosecution witnesses exercised the powers under Section 319 Cr.P.C. and summoned the petitioners to face trial as additional accused for the offences under Sections 498-A and 406 I.P.C. 4. I have heard the arguments advanced by the learned Counsel for the parties and have gone through the material available on record. 5. It is not disputed that the complainant, attributed specific allegation against the present petitioners in the F.I.R. as well in as her statement recorded during investigation. The Investigating Officer has given no significant reasons for leaving out the name of the present petitioners from the array of accused while filing the charge-sheet. Thus, in the opinion of this Court, the Trial Judge was absolutely justified in summoning the present petitioners to face trial along with the charge-sheeted accused. The impugned orders do not suffer from any illegality, irregularity or perversity so as to call for any interference in the inherent powers of this Court under Section 482 Cr.P.C. 6. The Miscellaneous Petition as well as the Stay Petition thus being devoid of any merit is hereby dismissed.Petition dismissed. *******