Dismissed

Mukesh and Ors. v. State of Rajasthan through Pp

Rajasthan HC6 Mar 2018CRLMP/6337/2017

Case brief

AI extract

What is this about?

This order disposed of a CrPC petition filed under Section 482 CrPC to challenge an order confirming a trial court ruling that allowed a complainant to record a statement under Section 311 CrPC. The court dismissed the petition, holding it amounted to a barred second revision with no patent illegality or prejudice.

What did the court decide?

Present petition dismissed as it amounted to a barred second revision.

Mukesh and Ors. Vs State of Rajasthan… — Civil Procedure and Limitation | Rajasthan HC (2018)

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[CRLMP-6337/2017]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 6337/2017

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Mukesh S/o Gangasahay B/c Meena, R/o Dhani Doliwali Tan Mohanpura, Police Station Lawan, District Dausa, Raj.

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Hanuman S/o Nathu B/c Meena, R/o Dhani Doliwali Tan Mohanpura, Police Station Lawan, District Dausa, Raj.

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Ramavtar S/o Prabhu B/c Meena, R/o Dhani Doliwali Tan Mohanpura, Police Station Lawan, District Dausa, Raj.

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----Petitioners

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Versus

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State Of Rajasthan Through Pp.

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----Respondent

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For Petitioner(s) : Mr. N.S. Sikarwar For Respondent(s) : Mr. Prakash Thakuriya, PP for State

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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06/03/2018

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Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 5.10.2017 passed by the Additional Chief Judicial Magistrate, Dausa whereby application of the complainant under Section 311 Cr.P.C. was allowed to record statement of the complainant. It is further prayed that the order passed by the revisional court below dated 7.11.2017 whereby the order passed by the trial court was affirmed, be set aside.

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I have not only seen the contents of the petition, but also has heard Shri N.S. Sikarwar, learned counsel for the petitioners.

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In the present case, statement of the complainant was recorded, but due to court time being over, recording of remaining statement was deferred. It has come on record that on numerous

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(2 of 2)

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[CRLMP-6337/2017]

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occasions complainant was summoned, but it is also matter of fact that service of summons could not be affected on the complainant. Hence, the trial court allowed the application of the complainant under Section 311 Cr.P.C. and gave him opportunity to step into the witness box.

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At this stage, learned counsel for the petitioners has submitted that the witness was bound down for a particular date. On that particular date what happened, no order has been placed on record. If the witness was bound for a particular date, then there was no need to issue subsequent summons to call the witness. Therefore, this argument is not acceptable.

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Be that as it may, in the present case, trial court has exercised its discretion while allowing the application under Section 311 Cr.P.C. No perversity in the impugned order is discernible. The order passed by the trial court has been affirmed by the revisional court below. The present petition tantamount to second revision, which is barred by the statute. No patent illegality or irregularity is discernible in the orders passed by the courts below. No case of prejudice is made out to the detriment of the petitioners to exercise powers under Section 482 Cr.P.C.

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Hence, the present petition being devoid of merits, is dismissed.

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(KANWALJIT SINGH AHLUWALIA),J

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Govind/

Mukesh and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mukesh and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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