Deepak Maheshwari, J. - (1.) Heard learned counsel for the accused-petitioner and learned counsel for the complainant-respondent No.2 as also learned Public Prosecutor.
(2.) This criminal misc. petition has been preferred on behalf of the accused-petitioner with the prayer to quash and set-aside the order dated 15.12.2017 passed by the learned Additional Sessions Judge, Bandikui, District Dausa, whereby the application for suspending the conviction for the offence under Section 498-A IPC was rejected on the ground that such order can be passed only in exercise of power under Section 482 Cr.P.C., which that Court does not possess. Prayer has also been made to stay the judgment of conviction for the aforesaid offence dated 20.11.2017 passed by the learned trial court till disposal of the Appeal No.77/2017.
(3.) Learned counsel for the accused-petitioner submits that the petitioner is serving on the post of Subedar Major in Indian Army since 25.02.1991 and his retirement is due on 31.07.2018. An FIR was lodged against him on false facts for the offence under Section 498A IPC after 24 years of marriage. Learned trial court convicted the accused-petitioner for the aforesaid offence vide judgment dated 20.11.2017. Accused-petitioner preferred an appeal against that judgment, which is pending before the Court of learned Additional District Judge, Bandikui. An application moved by the accused-petitioner for stay of the conviction was rejected vide order dated 15.12.2017 by learned appellate court.;