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2019 Supreme(Raj) 562

KANWALJIT SINGH AHLUWALIA
Vimlesh Jangid W/o Shri Bhagwan Jangid – Appellant
Versus
State of Rajasthan, through P. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Harsh Sharma.
For the Respondent: Mr. S.S. Mahla.

ORDER :

1. Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 12th February, 2019 passed by the Court of Judicial Magistrate No. 1, (South), Kota.

2. Petitioner lodged FIR No. 195/2017 for offences under Sections 376 and 450 IPC.

3. The Investigating Agency in the above said FIR on 31st March, 2017 submitted a final report in negative form.

4. Aggrieved against the same, petitioner filed a protest petition and her statement was recorded as a preliminary evidence under Section 200 Cr.P.C. The statement of the petitioner recorded by the Court below is annexed as Annexure-2. Counsel for the petitioner has submitted that the petitioner in her statement Annexure-2 appearing as PW-1 stated that occurrence took place on 08.03.2007. Counsel contends that in fact occurrence took place on 08.03.2017. Counsel for the petitioner submitted that due to oversight and inadvertence the Court had wrongly recorded the date of occurrence as 08.03.2007 instead of 08.03.2017. Counsel for the petitioner contends that an application was filed before the trial Court for correction of the date. The petitioner earlier approached this Court by filing S.B .Criminal Misc. (Petition)

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