Rajasthan High Court - Jodhpur
Lalita Gupta vs State Of Rajasthan on 4 December, 2018
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 1200/2018
Smt. Lalita Gupta W/o Sh. Om Prakash, Aged About 58 Years,
B/c Agarwal, R/o Swaroopganj, Dist. Sirohi.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Richin Surana
For Respondent(s) : Mr. Rajesh Bhati, Pp
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order 04/12/2018 The instant revision petition has been filed against the order dated 18.08.2018, passed by the learned Special Judge (Electricity Act Cases), Sirohi whereby the learned trial court framed the charges against the petitioner for offences under Sections 137 of Indian Electricity Act R/w Section 411 & 413 IPC.
Counsel for the petitioner submits that earlier in the same matter, charges have been framed by the learned Additional Sessions Judge (Fast Track), Abu Road vide his order dated 25.04.2009 in which the petitioner was discharged from the offence under Section 413 IPC. Thereafter all the prosecution witnesses have been examined before the trial court and now again the Special Judge, Electricity Act Cases, Sirohi framed the charges against the petitioner for offence under Section 137 of Indian Electricity Act R/w Section 411 & 413 IPC. Counsel submits that the petitioner has already been discharged for the offence (2 of 2) [CRLR-1200/2018] under Section 413 IPC and now without assigning any cogent reason, the trial court again framed the charge for offence under Section 413 IPC against the petitioner, therefore, the order impugned being per se illegal deserves to be set aside.
Learned Public Prosecutor has supported the order impugned and prays for dismissal of the revision petition.
Heard the learned counsel for the petitioner as well as learned Public Prosecutor and perused the order impugned as well as the order dated 25.04.2009 passed by the Additional Sessions Judge (Fast Tract), Abu Road.
From the perusal of the order dated 25.04.2009, it is apparent that in the same matter the learned Additional Sessions Judge (Fast Tract), Abu Road has discharged the petitioner for the offence under Section 413 IPC. But now the learned trial court again vide its order dated 18.08.2018 charged the petitioner for offence under Section 413 IPC without assigning any cogent reason, therefore the order dated 18.08.2018 is appears to be per se illegal as while passing the order impugned the learned trial court has not taken into consideration the order dated 25.04.2009.
In view of above, the revision petition is partly allowed. The petitioner is discharged from the charge for offence under Section 413 IPC framed by the learned Special Judge, Electricity Act Cases, Sirohi vide its judgment dated 18.08.2018. The order dated 18.08.2018 passed by the trial court stands modified to that extent only.
(MANOJ KUMAR GARG),J 103-MS/-
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