The High Court at Jodhpur rejected a second criminal miscellaneous petition filed under Section 482 CrPC to restore an earlier revision petition, holding that no second petition is maintainable after inherent powers were declined.
The petition under Section 482 Cr.P.C. is rejected.
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. 1689/2018
Prakash @ Om Prakash S/o Narayan Lal Teli, R/o Bhalota Ki Kheri, Police Station- Rashmi, District Chittorgarh, Rajasthan. Petitioner is in Central Jail Udaipur
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. RS Kumpawat
HON'BLE MR. JUSTICE P.K. LOHRA
Order
14/08/2018
Heard learned counsel for the petitioner.
At the behest of petitioner, earlier an endeavour was made by filing S.B. Crl. Misc. Petition No.273/2018 seeking restoration of revision petition bearing No.1320/2015, which was dismissed for non-prosecution and non-compliance of order. The said criminal misc. petition was rejected by a detailed order on 26.02.2018.
The petitioner has now made yet another attempt for seeking the same relief. In my view, once the Court has declined to exercise inherent powers, no second criminal misc. petition can be maintained.
(2 of 2)
[CRLMP-1689/2018]
Consequently, this misc. petition under Section 482 Cr.P.C. is
rejected.
(P.K. LOHRA),J
Bharti/101
2 issues framed by the court
Whether a second criminal miscellaneous petition is maintainable after the Court has declined to exercise its inherent powers in an earlier petition.
Whether the High Court can restore a revision petition dismissed for non-prosecution via a different miscellaneous petition.
1 provisions across 1 enactments
Prakash @ Om Prakash S/o Narayan Lal Teli
State Of Rajasthan
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
