The High Court of Rajasthan at Jodhpur dismissed a criminal miscellaneous petition filed under Section 482 Cr.P.C. The petitioner challenged the dismissal of a revision petition filed against a trial court order that merely adjourned the complaint. Found no illegality and dismissed the petition.
Criminal miscellaneous petition dismissed.
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. 229 / 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.)
----Petitioner
Versus
----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
(2 of 2)
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.22/2015 preferred on behalf of the petitioner has been 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 (hereinafter referred to as the trial court) in a case titled as ‘Sharda Devi Vs. The State of Rajasthan & Ors.’, whereby the trial court 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.
(VIJAY BISHNOI), J.
ms rathore/83
2 issues framed by the court
Whether there is any illegality in the revisional court dismissing the revision petition because the trial court merely adjourned the matter.
Whether an order of adjournment without effective disposal warrants interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sharda Devi
State of Rajasthan
Gayatri Sharma
Sachin Sharma
Dinesh Sharma
Pappu Sharma
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
