Mahesh Chandra Sharma, J. - (1.) This misc. petition has been filed under section 482 Criminal Procedure Code against the order dated 5.11.2009 of Additional Sessions Judge (Fast Track) No.6 Jaipur City, Jaipur in Criminal Revision No. 42 of 2009 against the order dated 5.6.2008 under section 494, and 498 A Indian Penal Code against the respondent No.2 filed by Smt. Vidya Tomar through his son Narendra Kumar Tomar, rejecting the complaint dated 6.10.2007.
(2.) The learned counsel for the petitioner has argued that the Judicial Magistrate No. 13 Jaipur City Jaipur and the Addl. Sessions Judge have not considered the material produced before them. The learned counsel in support of his arguments filed application for taking documents on record. Along with the application he has filed the document Annexure-1 certified copy of affidavit of Babu Ram Tomar dated 25.6.2008 produced by him before the Judicial Magistrate No. 21 Jaipur City Jaipur, copy of the appeal filed by Neeta Tomar against the order dated 12.12.2007, who was residing with Baburam Tomar, respondent No.2 herein along with the copy of the summon received by Narendra Tomar, certified copy of the order dated 23.1.2008 , certified copy of the order dated 12.1.2009, photocopy of the ration card, Annexure-6 copy of the electric bill in the name of Neeta Tomar, who is residing with Babulal Tomar as wife, copy of the Patta in the name of Neeta Tomar as wife of Babu Ram Tomar, registration certificate of marriage between B.R. Tomar and Neeta Tomar dated 24.3.2009, affidavit of Neeta Tomar dated 5.9.2008 showing herself as wife of Babu Ram Tomar. The learned counsel for the petitioner states that these documents show that Neeta Tomar has been married with Babu Ram Tomar inspite of the fact that his wife Vidya Tomar is alive. In the order passed by the Additional Sessions Judge and the order passed by the Judicial Magistrate these documents were not considered.
(3.) In the facts and circumstances of the case and in the interest of justice, the orders dated 5.6.2008 passed by the Judicial Magistrate No.13 and the order dated 5.11.2009 passed by the Additional Sessions Judge, Fast Track No.6, Jaipur City are set aside and the case is remanded back to the trial court for hearing the parties as a fresh. The trial court is directed to consider the documents produced before this court mentioned above while hearing the matter as a fresh.;