1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.1123/2010 (Rajkumar & Ors. Vs. State & Anr.) Date of Order : 06.08.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Himanshu Maheshwari, for the petitioners. Mr. Anil Joshi, Public Prosecutor. Heard learned counsel for the petitioner. In this misc. petition filed under Section 482 Cr.P.C., the petitioners are challenging the order of revisional Court dated 05.09.2007 whereby the revisional Court dismissed the revision petition filed against the order of framing charge dated 02.04.2007 passed by the Addl. Chief Judicial Magistrate, No.3, Jodhpur. The contention of learned counsel for the petitioners is that a false case has been registered against him on the basis of the complaint filed by the complainant. Learned counsel for the petitioners vehemently argued that in the family Court in the divorce petition when divorce decree was given by the trial Court, the finding was altogether different then the charges levelled against the petitioners in this case. This ground was taken by the petitioners before the revisional Court also and the revisional 2 Court after considering the arguments advanced by petitioners with regard to finding of family Court rejected the revision petition and gave finding that at the time of framing charge, learned trial Court was required to see the evidence which is available on record and filed by the Police along with the challan. I have considered the arguments advanced by learned counsel for the petitioners so also perused order of framing charge dated 02.04.2007 as well as the order dated 05.09.2007 passed by revisional Court. I am with full agreement with the finding given by both the Courts below that the judgment of the family Court cannot be taken into consideration at the time of framing charge. Learned trial Court is required to see the evidence which is available on record filed by the police along with the challan at the time of framing charge. In this view of the matter, no case is made out for interference by this Court while exercising the power under Section 482 Cr.P.C. Hence, this misc. petition is dismissed. (GOPAL KRISHAN VYAS), J arun