This criminal miscellaneous petition challenging an order dismissing a criminal revision petition was dismissed. The high court found no illegality in the lower courts' order which merely adjourned the trial complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. CRIMINAL MISC. PETITION NO. 227 / 2017
Sharda Devi W/o Late Shri Khem Chand Sharma, Aged About 73 Years, R/o Ward No. 24, Gali No. 05, Opposite Shivmandir, Sangariya, Tehsil- Sangariya, Distt.- Hanumangarh (raj.) Presently C/o Janardhan Joshi, House No. 74, Ward No. 37, Shri Ram Tanwar Colony, Opposite Taxi Stand Road, Sangariya Road, Distt.Hanumangarh (raj.)
Versus 1. State of Rajasthan
----Respondents
Counsel For Petitioner(s) : Mr. Vinod Choudhary
Counsel For Respondent(s) : Mr. M.S. Panwar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
24/01/2017
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 30.4.2016 passed by the Addl. Sessions Judge, Sangariya, District Hanumangarh (hereinafter referred to as the revisional court), whereby the Criminal Revision Petition No.19/2015 preferred on behalf of the petitioner has been
(2 of 2)
dismissed.
The aforesaid criminal revision petition was filed by the petitioner against the order dated 14.5.2015 passed by the Addl. Chief Judicial Magistrate, Sangaria, Hanumangarh (herein after referred to as the trial court) in a case titled as ‘Sharda Devi Vs. Sushma Batra).
The trial court vide order dated 14.5.2015 has simply adjourned the complaint filed by the petitioner and fixed the matter on 3.6.2015. The revisional court has observed that as no effective order has been passed by the trial court against either of the party and it has simply adjourned the matter, therefore, there is no force in the criminal revision petition and the same was dismissed by the revisional court.
After going through the impugned orders passed by the courts below, this Court does not find any illegality in the same.
Hence, this criminal misc. petition is dismissed.
ms rathore/81
1 issue framed by the court
Whether the dismissal of the revisional petition due to adjournment by the trial court amounts to an illegality warranting interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sharda Devi W/o Late Shri Khem Chand Sharma
State of Rajasthan
Sushma Batra
Kiran Kumar Sharma
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
