KANWALJIT SINGH AHLUWALIA, J. - (1.) Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 12 th February, 2019 passed by the Court of Judicial Magistrate No.1, (South), Kota. Petitioner lodged FIR No.195/2017 for offences under Sections 376 and 450 IPC.
(2.) The Investigating Agency in the above said FIR on 31 st March,2017 submitted a final report in negative form.
(3.) Aggrieved against the same, petitioner filed a protest petition and her statement was recorded as a preliminary evidence under Section 200 Cr.P.C. The statement of the petitioner recorded by the Court below is annexed as Annexure-2. Counsel for the petitioner has submitted that the petitioner in her statement Annexure-2 appearing as PW-1 stated that occurrence took place on 08.03.2007. Counsel contends that in fact occurrence took place on 08.03.2017. Counsel for the petitioner submitted that due to oversight and inadvertence the Court had wrongly recorded the date of occurrence as 08.03.2007 instead of 08.03.2017. Counsel for the petitioner contends that an application was filed before the trial Court for correction of the date. The petitioner earlier approached this Court by filing S.B.Criminal Misc. (Petition) No.758/2019 and this Court had passed the following order:- "Counsel for the petitioner has contended that preliminary evidence of the complainant was recorded under Section 200 Cr.P.C. as PW.1. Counsel for the petitioner has contended that in the opening line of the statement of the petitioner, wrongly date of occurrence was typed as 08.03.2007. Counsel for the petitioner has contended that for correction of the date, petitioner filed application (Annx.3) and the said application was not entertained by the Presiding Officer. In support of averment made, no affidavit has been filed. Be that as it may, let petitioner at first instance approach Session Judge, Kota, by presenting application(Annx.3) in case, petitioner do so within one week from today, the Session Judge, Kota, shall mark the application to the concerned court for decision on merits. In view of above, the present petition stands disposed of." ;