SANDEEP MEHTA,J. - (1.) HEARD learned counsel for the parties. The instant revision petition has been preferred by the petitioner being aggrieved of the order dated 6.9.2012 passed by the learned Sessions Judge, Jodhpur Metropolitan, Jodhpur in Sessions Case No.1 14/2012 whereby charges under Sections 376 and 420 I.P.C. have been framed against the petitioner.
(2.) SUCCINCTLY stated the facts of the case are that the complainant Smt. C. filed a complaint in the Court of learned Additional Chief Judicial Magistrate No.4, Jodhpur on 13.2.2011 alleging inter alia that she contracted a nata marriage with the petitioner as per Hindu rituals and customs at the Village Jhambeshwar Nagar Dhelana on 5.3.1992. She alleged that the nata marriage was performed in the presence of some 12 13 persons in the Panchayat Bhawan of Village Dhelana. She further alleged that from the wedlock, a son named Vipin was born to the complainant and was a student of 10th standard. She further alleged that the accused cheated her and thereby induced her into marrying him by giving her a fraudulent assurance that he had converted to Hindu religion. She further alleged that she was a divorcee and as per Hindu customs and usages, only a nata marriage was possible and, therefore, she entered into the nata marriage with the accused. She further alleged that the act of the accused resulted into destruction of the moral fabric of the complainant. The religious sentiments of the complainant were hurt. The act was totally aimed at establishing an illicit relationship with her. Later on, the accused allegedly informed her that he continued to profess the Muslim religion. As per the complainant, the act of the accused in establishing sexual relations by giving her a fraudulent inducement regarding conversion to Hindu religion, was an act punishable under Sections 376 and 419 I.P.C. The complainant further alleged that for the purpose of establishing the paternity of her children,' she requested for a DNA test but the accused did not accede to the same. She further alleged that the accused established the immoral physical relations with her continuously from 5.3.1992 upto the year 2001 and thereafter, turned her out of the house telling her that he had established the relations just for satisfying his lust, that he was not a Hindu by religion and also that he did not consider the complainant to be his wife. She also alleged that on 21.10.2011, she went to the P.S. Desuri for receiving the maintenance amount for her son and there the accused came with 2 3 persons and threatened the complainant that he would not accept the demand of the complainant to undergo the DNA examination. The accused also threatened the complainant to remove his name from Vipin's school record. She further alleged that in order to cheat her, the accused, despite having a subsisting Nata marriage with the complainant, contracted yet another marriage with one Taslim Bano d/o Gulam Qadir, r/o Rulwama, District Srinagar. She further alleged that on 8.11.2011, when she was going on her scooty, the accused with his companions came in a car and accosted the complainant and threatened her that she should withdraw the cases which were going on in different courts.
(3.) THE aforesaid complaint was forwarded to the P.S. Basni, Jodhpur where an FIR No.23/ 2012 was registered for the offences under Sections 376, 419, 420, 494 and 495 I.P.C. The police after investigation filed a charge sheet against the petitioner for the offences under Sections 376 and 420 I.P.C. After committal, the petitioner contested the question 'of charges before the learned Sessions Judge, Jodhpur Metropolitan but the learned Sessions Judge vide order dated 6.9.2012 directed framing of the charges against the petitioner for the offences under Sections 376 and 420 I.P.C. The petitioner has now approached this Court seeking quashing of the order framing charges by way of the instant revision petition.;