In a Section 482 Cr.P.C. petition, the High Court dismissed the application as withdrawn but directed the lower court to decide on cognizance within fifteen days instead of issuing an investigation reference.
Petition dismissed as withdrawn; direction issued to lower court to decide on cognizance within fifteen days.
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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5118/2016
Neeraj Goyal
----Petitioner
Versus
State Of Rajasthan And Anr
----Respondent
For Petitioner(s) : Mr. Vipul Jaiman For Respondent(s) : Mr. Prakash Thakuriya, PP for State
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
03/07/2018
Present petition has been filed under Section 482 Cr.P.C. praying that the order passed by the Judicial Magistrate, Tijara, Alwar whereby he refused to issue direction under Section 156(3) Cr.P.C. upon the complaint filed by the petitioner, be set aside as there was no justification for the Magistrate to proceed with the complaint under Chapter-XV of Criminal Procedure Code.
During the course of arguments, learned counsel for the petitioner has submitted that he shall restrict his prayer to urge that the direction be issued to the court of Judicial Magistrate, Tijara, Alwar to conclude the proceedings arising out of the complaint filed by the petitioner within a stipulated period.
I find merit in the alternative prayer made by the learned counsel for the petitioner.
Hence, the present petition is dismissed as withdrawn with a direction to the court of Judicial Magistrate, Tijara, Alwar to take a decision within fifteen days from the date of receipt of certified
[CRLMP-5118/2016]
(2 of 2)
copy of this order whether cognizance of offences is to be taken against the accused or not?
Leaned counsel for the petitioner undertakes to produce copy of this order before the court below.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
2 issues framed by the court
Whether the earlier reference for investigation under Section 156(3) Cr.P.C. should be converted into an order to conclude the trial within a stipulated period.
Whether the Magistrate Tribunal must decide on cognizance within the specified timeframe.
2 provisions across 1 enactments
Neeraj Goyal
State Of Rajasthan
Kanwjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
