Rajasthan High Court - Jaipur
Suresh Kumar Goswami S/O Shri Narayan ... vs State Of Rajasthan Through P.P on 12 December, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6557/2018
Suresh Kumar Goswami S/o Shri Narayan Puri Goswami, By
Caste Goswami, Aged About 46 Years, R/o Plot No. C-36,
Bhagwan Nagar, 7C, Todi Harmada, Jaipur, Presently R/o Vill.
Dhoblai, Tehsil Chomu, District Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan Through P.p., Rajasthan
2. Smt. Nisha Sharma @ Rama Sharma W/o Shri Suresh
Goswami, Aged About 40 Years, R/o Plot No. C-36,
Bhagwan Nagar, 7C, Todi Harmada, District Jaipur, Raj.
----Respondents
For Petitioner(s) : Mr. Mahendra Kumar For Respondent(s) : Ms. Meenakshi Pareek PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
12/12/2018 The present petition has been filed under Section 482 Cr.P.C. to assail the order dated 2.2.2018 passed by Metropolitan Magistrate, No.20, Jaipur Metropolitan, Jaipur whereby charges were framed against the petitioner for the offences under Sections 498A and 495 IPC.
Aggrieved against the order framing charges, petitioner filed a revision petition. The revisional court below partly accepted the revision and had set aside the charge under Section 495 IPC while maintaining the charge for offence under Section 498A IPC.
Learned counsel for the petitioner has referred to the statement of complainant/respondent no.2 recorded in proceedings under Sections 107/116 Cr.P.C.
(2 of 2) [CRLMP-6557/2018] The statement made by the witness in a proceedings under Section 107/116 Cr.P.C. at best is a previous statement which can be used to confront the witness. It is not a substantive piece of evidence. Learned counsel for the petitioner has made the factual submissions which require evidence. Truth and veracity of the allegations and counter submissions cannot be appreciated in a petition filed under Section 482 Cr.P.C. Hence, no ground is made to cause interference and the present petition being devoid of merits is dismissed.
However, petitioner, if so advised, may raise all arguments before the trial court at appropriate stage.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
Powered by TCPDF (www.tcpdf.org)