Rupwati Soni And Ors vs Laxmi Bai

Arvind Singh Chandel, J

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

The instant revision has been preferred against the order dated 1.6.2018 passed by the Additional Sessions Judge (FTC), Mahasamund in Criminal

Revision No.H-04 of 2017 arising out of the order dated 19.10.2016 passed by the Judicial Magistrate First Class, Pithora, District Mahasamund in

Criminal Complaint Case No.421 of 2016. Vide order dated 1.6.2018, the Revisional Court has directed the Trial Court to frame additional charges

under Sections 452, 427, 506 Part II read with Section 149 of the Indian Penal Code after taking evidence in the case.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

It has been submitted on behalf of the Applicants that on filing of a complaint case, being Criminal Complaint Case No.421 of 2016, vide order

dated 19.10.2016, the Judicial Magistrate First Class, Pithora took cognizance of the offence punishable under Section 427 of the Indian Penal Code

and issued process against the accused persons/Applicants. Thereafter, vide order dated 23.12.2016, the Trial Court made charge/particulars of

offence under Section 427 of the Indian Penal Code. It has been further submitted that against the order dated 19.10.2016, a revision, being Criminal

Revision No.H-04 of 2017 was preferred by the Complainant/Respondent, but the Revisional Court, while allowing the revision, quashed the order

dated 23.12.2016 by which order for framing charge against the accused persons was passed. Thus, it is clear that the Revisional Court, in place of

deciding the matter preferred before it against the order dated 19.10.2016, quashed the order dated 23.12.2016 framing charge against the accused

persons and directed the Trial Court to frame additional charges.

Considering the above fact, the matter is remanded to the Revisional Court to decide the same against the order dated 19.10.2016 afresh in

accordance with law. Both the parties shall appear in person before the Revisional Court on 18.3.2019.

Consequently, the instant revision is disposed of in the aforesaid terms.

A copy of this order be sent to the Revisional Court forthwith.