The bench dismissed a special leave petition invoking Section 482 Cr.P.C., holding that no grave miscarriage of justice existed to warrant interference after the dismissal of the petitioner's revision by the Sessions Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO. 1073/2017
Omprakash Rajput S/o Ramlal Driver Tijara Aagar, R/o Bhindusi, Tehsil Tijara, Distt. Alwar Raj.
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondents
For Petitioner : Mr. Anil Yadav
For Respondents : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
13/7/2017
Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the order dated 22.7.2015, whereby, charges were framed against the petitioner under Section 420, 467, 468, 471 Indian Penal Code, 1860 in FIR No. 70 dated 10.6.2014 registered at Police Station Tijara and the order dated 24.11.2016, whereby, his revision petition was dismissed.
I have heard learned counsel for the petitioner and learned state counsel and have gone through the record available on the file carefully.
In the present case, allegation against the petitioner is that he had attached a forged school transfers certificate at the time of applying the job of a driver with the Rajasthan State Transport Corporation. Petitioner has been removed from service on account of his production of fake
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school transfer certificate. After thorough investigation of the case, challan was presented against the petitioner.
In the facts and circumstances of the present case, courts below rightly held that charges were liable to framed against the petitioner.
It is a settled proposition of law that the petitioner cannot invoke jurisdiction of this Court under Section 482 Cr.P.C. after dismissal of his revision by the Sessions Court as it would amount to a second revision. However, in a case of grave injustice, this Court can interfere while exercising jurisdiction under Section 482 Cr.P.C.
In the present case, no grave miscarriage of justice has occurred which would warrant interference by this Court under Section 482 Cr.P.C.
Dismissed.
(SABINA)J.
Mohita/59
1 provisions across 1 enactments
Omprakash Rajput
State of Rajasthan
Sabina
As recorded by the court registry
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