1 HIGH COURT OF JUDICATURE AT JABALPUR (M.P.) Misc. Criminal Case No. 7859/2010 SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE G.S. Solanki Rajesh Kumar Rajak Versus Chhotelal Rajak & another ************* Shri Rajendra Gupta, counsel for the petitioner. Shri Akshay Namdeo, PL for the State. Date of Hearing: 26.8.2011 Date of Order : 11 .11.2011 The petitioner has filed this petition, invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, being aggrieved by order dated 2.8.2010 passed by Special Judge/Additional Sessions Judge, Sidhi in Criminal Revision No. 233/2009, whereby order dated 16.12.2009 passed by Judicial Magistrate First Class, Sidhi in Criminal Complaint Case No. 1657/2009 for taking cognizance against the present petitioner was affirmed. 2. The facts, in nutshell, giving rise to this petition are that on the basis of a report lodged by one Bhola Prasad Rajak, uncle of deceased Ranu, a case was registered under Section 376 and 306 of IPC against the petitioner. 3. After usual investigation and on the basis of FSL Report /DNA Test Report, police prepared a khatma report under Section 169 of Code of Criminal Procedure. In the meanwhile, 2 respondent Chhotelal Rajak has filed a private complaint before the Judicial Magistrate First Class, who called the report from police station Kotwali Sidhi and he was of the opinion that police had investigated the matter negligently. Thereafter, he examined the complainant and his witness under Section 200 and 202 of Cr.P.C. and on the basis of evidence and material on record, he registered a case under Section 376 and 306 of IPC against the petitioner. 4. Being aggrieved by the aforesaid order of cognizance, petitioner filed the revision petition before the Sessions Court. However, the same was dismissed vide order dated 2.8.2010. Hence this petition. 5. Learned counsel for the petitioner submitted that trial Court has failed to consider the DNA test report and further submitted that from the evidence recorded under Section 200 and 202 of the Cr.P.C. no prima facie case is made out against the petitioner under Section 376 and 306 of IPC, therefore he prays for quashment of order of cognizance and further proceeding thereto. 6. Learned counsel for the State opposes the petition. 7. I have perused the impugned order dated 2.8.2010 passed by the Revisional Court and the order of cognizance passed by the learned Magistrate and evidence recorded under Section 200 and 202 of the Cr.P.C. alongwith DNA test report. 8. DNA test report is an expert opinion which can be 3 considered alongwith other evidence on record at the time of final conclusion. The evidence recorded under Section 200 and 202 of the Cr.P.C. cannot be discarded at this stage. It appears from the aforesaid evidence that applicant has sexual relation with deceased Ranu. It further reveals from record that petitioner Rajesh Kumar Rajak promised to marry with Ranu, failing which Ranu committed suicide. It is matter of inquiry or trial that whether conduct of petitioner was such ? whereby, deceased Ranu was dragged to commit suicide. 9. In these circumstances, no case is made out for interference under Section 482 of the Code of Criminal Procedure. The petition is liable to be dismissed and is hereby dismissed. (G.S. Solanki) JUDGE ravi