Cr Msc 2133/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.2133/2007 Smt. Pushpa & (2) Ors. Versus State Date of Order ::: 07/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Jagdish S.Jadaun, for petitioner Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482, CrPC has been filed assailing order dt.22/05/07 whereby Judl. Mag. No.9, Jaipur City framed charges against petitioners for offences U/Ss 457, 380, 120-B, IPC in Cr.Case No.461/06 (FIR-190/06 PS Subhash Chowk, Jaipur), which was upheld by Addl.Sess. Judge (FT) No.4, Jaipur City in Cr.Rev-736/07 vide order dt.14/08/07. Grievance of petitioners is that they were not present on the date of occurrence and that apart, no recovery was made from the accused. Complainant filed a complaint which was sent for investigation U/s 156(3) CrPC to the police, on which FIR-190/06 was registered at PS Subhash Chowk (Jaipur) and after investigation challan was filed and cognizance was taken and petitioners were charged for offences (supra) vide order dt.22/05/07 – against which revision petition was preferred but after considering in details, Court of Revision did not Cr Msc 2133/07 //2// find any substance to interfere with order framing charges against them. As regards plea of alibi, it can be at best defence of petitioners but cannot be looked into at the stage of charge. Similarly, as regards recovery, both the courts below have taken note and have observed about recovery made under orders impugned. This Court does not find any infirmity which may call for interference. Consequently, misc. petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/2133CrMscP07frmchrg.doc