HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3716/2022

1.

Shrawan Singh S/o Sh. Umed Singh, Aged About 36

Years, B/c Rajput, R/o Bayala, Teh. Sardarsahar, Dist.

Churu (Raj.).

2.

Bhanwri Kanwar W/o Sh. Umed Singh, Aged About 64

Years, B/c Rajput, R/o Bayala, Teh. Sardarsahar, Dist.

Churu (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through P.P

2.

Mst. Sumer Kanwar W/o Sh. Pooran Singh, D/o Lt. Sh.

Karan Singh, R/o Quarter No. 76 G, Civil Lines, Shri

Ganganagar (Raj.).

----Respondents

For Petitioners

:

Mr. Pradeep Kumar Shah

For Respondents

:

Mr. AR Choudhary, P.P.

Mr. R.S. Choudhary

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

REPORTABLE

06/01/2023

1.

This Criminal Misc. Petition under Section 482 Cr.P.C. has

been preferred claiming the following reliefs:-

“It is, therefore, most respectfully prayed that this Criminal

Misc. Petition may kindly be allowed and the order dated

06.04.2017 passed by the Learned Chief Judicial Magistrate, Sri

Ganganagar, taking cognizance of the offences as also the order

dated 31.03.2022 passed by the Learned Additional Sessions

Judge No. 1, Sri Ganganagar, dismissing the Revision Petition

preferred by the petitioner and affirming the order dated

(2 of 42)

[CRLMP-3716/2022]

06.04.2017 passed by the Learned Chief Judicial Magistrate, Sri

Ganganagar, be quashed and set aside

Any other appropriate order or direction which this Hon’ble

Court deems just and proper may kindly be granted to the

petitioners.”

2.

As the pleaded facts and the record would reveal, a

complaint was filed by the complainant-respondent no.2-Sumer

Kanwar D/o Karan Singh, stating therein that she wed one Pooran

Singh on 11.05.2005, as per Hindu rites and rituals at Sri

Ganganagar. And that, on 24.05.2013, Pooran Singh wed Suman

Kanwar D/o Umaid Singh despite his first marriage subsisting with

the complainant-respondent no. 2.

2.1

On 27.09.2013, the complainant-respondent no.2-Mst.

Sumer Kanwar, filed an F.I.R. bearing No. 288/2013, at Police

Station-Mahila Thana, Sri Ganganagar against eight accused

persons namely; Puran Singh, Sajna Kanwar, Sujan Kanwar, Mithu

Kanwar, Kanta Kanwar, Manfool Singh, Prabhu Singh and Suman

Kanwar for the offences under Sections 420, 406, 498A and 494

IPC; upon investigation, a charge-sheet came to be filed on

03.02.2014, against three of the aforementioned eight accused

persons namely; Pooran Singh, Narpat Singh and Sajan Kanwar

for the offences under Sections 419, 420, 406, 498-A, 494, 171

and 120B IPC.

2.2

And that on 23.09.2016, the complainant-respondent no. 2

filed a private complaint before the learned Chief Judicial

Magistrate, Sri Ganganagar; whereupon the learned Court below

proceeded to take cognizance against the present petitioners,

Petitioner no. 1-Shrawan Singh (brother of the second wife-Suman

(3 of 42)

[CRLMP-3716/2022]

Kanwar D/o Umaid Singh) and petitioner no. 2-Bhanwri Kanwar

(mother of the second wife), and eleven other persons for the

offences under Sections 494 read with Sections 109 and 114 IPC,

vide the impugned order dated 06.04.2017.

2.3

That a revision petition was preferred against the aforesaid

order before the learned Additional Sessions Judge No. 1, Sri

Ganganagar which came to be dismissed vide the impugned order

dated 31.03.2022.

3.

Learned counsel for the petitioners submits that no specific

role has been attributed to the present petitioners in the alleged

crime in question, and that therefore, the learned Courts below

have erred in passing the impugned orders.

4.

Learned counsel for the petitioners further submits that the

impugned F.I.R. was lodged after a delay of about 4 months

and that in the said F.I.R., the present petitioners-Shrawan

Singh and Bhanwri Singh were not named. That even in the

charge-sheet, that came to be filed subsequently, by t