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PRAVEER BHATNAGAR
Kamla Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioners Smt. Kamla Devi and Devendra Singh have filed the present criminal misc. petition under Section 482 Cr.P.C. against the order dated 11.04.2022 passed by learned Additional Sessions Judge (Women Atrocities Cases), Jaipur Metropolitan-II in Criminal Revision Petition No.146/2019 (CIS No.1601/2019), whereby, learned revisional court while partly allowing the revision petition discharged the accused petitioners from the charges framed against them for the offences under Sections 467 & 468 IPC and maintained the order dated 01.10.2019 passed by learned Additional Chief Judicial Magistrate No.11, Jaipur Metropolitan, Jaipur in Criminal Misc. Case No.369/2016, whereby, charges have been framed against the accused-petitioners for the offences under Sections 419, 420, 471 & 120-B IPC.
2. It is submitted in the misc. petition that the order dated 01.10.2019 passed by the learned Magistrate framing charge against the petitioners and the order dated 11.04.2022 passed by the learned revisional court to the extent of upholding the order of framing charge are ex facie illegal and has been passed without considering the facts of the case. It is submitted that the complainant
The court affirmed that sufficient prima facie evidence can justify the framing of charges under IPC provisions related to fraud and misrepresentation.
The presence of direct and specific allegations is crucial in determining the legality of orders and the applicability of previous judgments in similar cases.
The High Court's jurisdiction under Section 482 Cr.P.C. is limited to cases with clear jurisdictional errors or abuse of process, which were not present in this case.
The Court's decision was influenced by the existence of suspicion against the accused and the question of forged signatures on the documents.
The execution of a forged sale deed constitutes conspiracy and forgery under IPC, supported by forensic evidence confirming the identity of the imposter.
The obligation to discharge the accused under Section 239 Cr.P.C. arises when the Magistrate considers the charge against the accused to be groundless, and where material on record discloses offence,....
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