Order

S.B. Criminal Misc(Pet.) No. 2412/2016

1. By way of filing this instant petition under Section 482 Cr.P.C ., the petitioner has challenged the impugned order dated 18.07.2016 passed by the learned Additional Sessions Judge No. 1, Jodhpur Metropolitan, in Criminal Revision Petition No. 43/2015, whereby the revision petition filed against the framing of charge order dated 11.11.2014, passed by the learned Judicial Magistrate No. 3, Jodhpur Metropolitan, in Criminal Case No. 59/2014 (State of Rajasthan vs. Madhav Singh Parihar), arising out of FIR No. 573/2013 registered at Police Station Udaimandir, Jodhpur for the offence under Section 379 IPC , has been dismissed on erroneous grounds.

2. The brief facts of the present case is that the petitioner, Madhav Singh, and the complainant, Smt. Chandralekha, are siblings and children of late Justice Shri Kan Singh Parihar, a retired judge of the Rajasthan High Court. Disputes arose between them over parental properties, leading to multiple civil litigations. The petitioner, who had been residing in the USA since 1982 for employment, entrusted the maintenance of his and his younger brother’s flats in Jodhpur to the complainant. However,