Rajasthan High Court - Jaipur
Mohammad Shakil Khan vs State Of Rajasthan Through Pp on 22 October, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 133/2017
Mohammad Shakil Khan
----Petitioner
Versus
State Of Rajasthan Through Pp
----Respondent
Connected With S.B. Criminal Miscellaneous (Petition) No. 644/2017 Mohammed Shakeel Khan
----Petitioner Versus Smt Foziya Khan
----Respondent S.B. Criminal Miscellaneous (Petition) No. 653/2017 Mohammed Shakeel Khan
----Petitioner Versus State Of Rajasthan And Anr
----Respondent S.B. Criminal Miscellaneous (Petition) No. 654/2017 Mohammed Shakeel Khan
----Petitioner Versus Smt Foziya Khan
----Respondent For Petitioner(s) : Mr. Devendra Raghav For Respondent(s) : Mr. Prakash Thakuriya, PP for State Mr. N.A. Naqvi, Sr. Advocate with Mr. Nawab Ali Rathore, for complainant- respondent HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 22/10/2018 (2 of 3) [CRLMP-133/2017] S.B. Criminal Misc. Petition No.133/2017:
Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 17.10.2015 passed by the Judicial Magistrate No.3, Kota (North) whereby charges were framed against the petitioner for offences under Sections 498A, 406 IPC. It is further prayed that the order dated 15.12.2016 passed by the revisional court below by which the order framing charge was affirmed, be also set aside.
Shri N.A. Naqvi, learned senior counsel for the complainant has submitted that after framing of charges, evidence has commenced and statement of two witnesses have already been recorded.
In view of above, this court is of the view that after commencement of evidence, trial must result into conviction or acquittal. At this stage, it will not be proper to cause interference.
Hence, present petition is disposed of with liberty to the petitioner to raise all arguments available to him before the trial court at appropriate stage.
S.B. Criminal Misc. Petition No.644/2017:
Present petition has been filed under Section 482 Cr.P.C. praying that the proceedings initiated by the respondent wife under Section 12 of Protection of Woman from Domestic Violence Act, be quashed.
After hearing learned counsel for the parties, present petition is disposed of by issuing a direction to the Judicial Magistrate (Junior Division) No.2, South, Kota to decide proceedings initiated under Section 12 of Protection of Woman from Domestic Violence (3 of 3) [CRLMP-133/2017] Act by the respondent, within a period of nine months from the date of receipt of certified copy of this order. S.B. Criminal Misc. Petition No.653/2017:
In the present petition, quashing of FIR has been sought. Admittedly, after registration of FIR, chargesheet was filed and charges were framed.
In view of separate order passed in S.B. Criminal Misc. Petition No.133/2017, present petition cannot be entertained and it is disposed of in same terms as in the order passed in S.B. Criminal Misc. Petition No.133/2017.
S.B. Criminal Misc. Petition No.654/2017:
Present petition has been filed under Section 482 Cr.P.C. praying that proceedings arising out of petition filed under Section 125 Cr.P.C. by respondent wife, be quashed.
Shri N.A. Naqvi, learned senior counsel for the respondent, has stated that the petition filed under Section 125 Cr.P.C. has already been decided by the trial court.
In view of above, learned counsel for the petitioner prays that the present petition be dismissed as withdrawn.
Ordered accordingly.
(KANWALJIT SINGH AHLUWALIA),J Govind/ Powered by TCPDF (www.tcpdf.org)