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2016 DIGILAW 1011 (RAJ)

Lal Singh v. State of Rajasthan

2016-07-18

PRASHANT KUMAR AGARWAL

body2016
ORDER : Prashant Kumar Agarwal, J. Heard learned counsel for the parties. The accused-petitioner has filed this criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the order dated 7.5.2016 passed by the Additional Sessions Judge No. 2, Kishangarh Bas, District Alwar in Sessions Case No. 10/2014 whereby the learned trial Court has ordered to frame charge for the offences under Section 498-A, 304-B and 406 IPC against the accused-petitioner, who is father-in-law of the deceased. 2. It was submitted by the learned counsel for the petitioner that charge-sheet was filed against the petitioner for the aforesaid offences mainly by recording the reasons that 90 days are going to be completed whereas investigation was kept pending against co-accused under Section 173(8) Cr.P.C. by the reason that FSL report was awaited. It was further submitted that thereafter FSL report was obtained and opinion of Medical Board was given to the effect that the death of deceased was natural and on the basis of this opinion a negative report was filed against the co-accused in the Court of Magistrate, which was accepted and proceedings against them were dropped. It was also submitted by the learned counsel for the petitioner that learned Court below have framed charge against the petitioner without considering the order passed by the learned Magistrate qua co-accused and also the statements and opinion of doctors. 3. On the other hand, it was submitted by the learned Public Prosecutor that from the perusal of the impugned order it is revealed that the order has been passed after considering the submissions made on behalf of both the parties as well as the evidence collected during investigation which was available on record by way of charge-sheet. 4. On consideration of submissions made on behalf of the respective parties and the material made available on record and more particularly in view of the order passed by the Court of Magistrate qua co-accused, it is in the interest of justice to set aside the impugned order and direction be given to the Court below to rehear the parties on the issue of framing of charge against the petitioner in the light of aforesaid order and the evidence available on record in the form of charge-sheet filed against the petitioner as well as the evidence collected and filed by the Investigating Agency in respect of co-accused. 5. 5. Consequently, the revision petition is allowed and the impugned order dated 7.5.2016 passed by the Additional Sessions Judge No. 2, Kishangarh Bas, Alwar is set aside and the Court below is directed to reconsider the question of framing of charge against the petitioner in the light of observation made by this Court without being influenced in any manner by its previous order. In view of the above, the stay petition is disposed of.