In a criminal revision, the High Court dismissed the petition challenging an order framing charges under various IPC, SC/ST, and POCSO sections, finding sufficient material for the trial.
The revision petition and stay petition were dismissed as devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision No. 659 / 2017
Sharwan Prajapat S/o Sh. Jawari Lal, By Caste Prajapat, Resident of Gajanand Colony, Nearby Dharamshalla School, Sunthala, Jodhpur.
----Petitioner
Versus
The State of Rajasthan.
----Respondent
For Petitioner(s) : Mr.VK Maheshwari.
For Respondent(s) : Mr.OP Rathi, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
21/07/2017
Heard learned counsel for the parties. Perused the material available on record.
By way of this revision petition preferred under Section 397/401 Cr.P.C., the petitioner seeks to assail the order dated 11.4.2017 passed by the learned Special Judge, SC and ST Cases, Jodhpur framing charges against the petitioner for the offences under Sections 342, 323, 504 & 354 IPC, Section 3(1)(S) & 3(1) (w)(i)(ii) of the SC and ST Act and Section 7/8 of Protection of Children from Sexual Offences Act, 2012.
Having considered the arguments advanced at the Bar and after going through the impugned order as well as charge-sheet, I am of the firm opinion that the trial Court was perfectly justified in forming an opinion that there is sufficient material on the record so as to proceed against the petitioner for the above offences. The
(2 of 2)
[CRLR-659/2017]
material available on record is undoubtedly sufficient to make out the offences alleged against the petitioner. I do not find any error either factual or legal so as to warrant interference in the impugned order.
Resultantly, the instant revision petition is dismissed as being devoid of any merit.
Stay petition also stands dismissed.
(SANDEEP MEHTA)J.
S.Phophaliya/-
1 issue framed by the court
Whether the Special Judge was justified in framing the charges against the petitioner for the alleged offences.
4 provisions across 4 enactments
Sharwan Prajapat
The State of Rajasthan
SANDEEP MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SANDEEP MEHTA
Parties & counsel
