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 an appeal against the rejection of an application under Section 340 Cr.P.C. finding no grounds for interference.
The criminal miscellaneous petition and the stay petition were 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(Pet.) No. 1037/2018
Radhey Shyam Son Of Late Shri Bhagwan Das Goyal , By Caste Agarwal, Resident Of 23-K Block South Extension, Sri Ganganagar
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.K. Verma Mr. Pritam Joshi For Respondent(s) : Mr. Vikram Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
06/08/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 15.9.2017 passed by the Additional Sessions Judge No.1, Sri Ganganagar (for short ‘the appellate court’) whereby it has dismissed the appeal filed by the petitioner against the order dated 5.5.2016 passed by the Judicial Magistrate No.1, Sri Ganganagar (for short ‘the trial court’).
The trial court vide order dated 5.5.2016 had dismissed the application filed by the petitioner under Section 340 Cr.P.C. with the prayer to initiate the proceedings against the respondent No.2 and to punish him for the offence punishable under Section 195 Cr.P.C.
(2 of 2)
[CRLMP-1037/2018]
The trial court after hearing counsels for the parties and after taking into consideration the material available on record has rejected the said application while observing that no such act was committed by the respondent No.2 which results in contempt of lawful authority of public servant. The appeal preferred by the petitioner has also been dismissed by the appellate court.
Having heard learned counsel for the petitioner and having gone through the impugned orders, this Court does not find any ground to interfere in this criminal misc. petition.
Hence, this criminal misc. petition is dismissed. The stay petition is also dismissed.
(VIJAY BISHNOI),J
Babulal/15
2 issues framed by the court
Whether the High Court should interfere under Section 482 Cr.P.C. in a criminal miscellaneous petition arising from the dismissal of an appeal against an order rejecting a Section 340 Cr.P.C. applicat
Whether the impugned orders passed by the trial and appellate courts require any interference by this Court.
3 provisions across 1 enactments
Radhey Shyam Son Of Late Shri Bhagwan Das Goyal
State Of Rajasthan
Subhash Chandra Son Of Shri Ram Kumar Goyal
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
