Rakesh Gehlot S/o Govind Singh vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 397

Rakesh Gehlot S/o Govind Singh – Appellant
Versus
State Of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nishant Bora
For the Respondent: Mr. Mahipal Bishnoi, P.P., Mr. Sravan Kumar Sainee, Mr. C.P. Soni

JUDGMENT :

1. This Criminal Misc. Petition has been preferred under Section 482 Cr.P.C. praying for the following reliefs :-

“It is, therefore most respectfully prayed that the application filed by the petitioner u/s 482 Cr.P.C. may be allowed and:

(i) The order dated 07-09-19 passed by learned Additional Sessions Judge (Women Atrocities) Jodhpur Metropolitan in criminal revision No. 25/19 may kindly be quashed and set aside.

(ii) The order dated 08-07-19 passed by learned ACMM, PCPNDT, Jodhpur Metropolitan in criminal case No. 1092/19 (State V/s Rakesh Gehlot) by which the charges were framed, may kindly be quashed and set aside.”

2. Brief facts of the case as placed before this Court by the learned counsel for the petitioners are that it is the version of the prosecution, the complainant respondent no. 2, Smt. Sarita w/o Petitioner No.1 Rakesh Gehlot married him on 31.03.2013, as per Hindu rituals. And that, after marriage, she was harassed by her husband, mother-in-law and father-in-law with demands for dowry. And that, on 24.01.2014, a daughter was born to the couple, and owing to the fact that a son was not born to them, the harassment meted out to her by the aforementioned increa