PANKAJ BHANDARI,J. - (1.) Petitioners have preferred this revision petition aggrieved by order dated 17.11.2012 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar, whereby the court below has taken cognizance against the petitioners for offence under Section 306 read with Section 120B of IPC and Section 3(2)(5) of the SC/ST Act, while allowing the application under Section 319 of Cr.P.C.
(2.) It is contended by counsel for the petitioners that petitioners were not named in the FIR. Police after due investigation submitted charge-sheet against Jagdish and Kiran, wife of the deceased. An application was filed by the learned Public Prosecutor under Section 319 of Cr.P.C. and the court below has allowed the application and issued warrant of arrest against the petitioners. It is contended that the evidence adduced before the court below was only to the extent that petitioners were having relations with wife of the deceased. There was no evidence with regard to petitioners having met the deceased or instigating the deceased to commit suicide.
(3.) Counsel for the petitioners has placed reliance on "Sarabjit Singh and Anr. vs. State of Punjab and Anr. AIR 2009 SC 2792, Brijendra Singh and Ors. vs. State of Rajasthan AIR 2017 SC 2839 and Labhuji Amratji Thakor and Ors. vs. State of Gujarat and Ors. 2018 (15) SCALE 39";