Coram Vijay Bishnoi, J, this Court dismissed the criminal revision petition preferred by the petitioner due to non-removal of procedural defects and found no illegality in the lower court's order remanding the trial.
criminal revision petition dismissed for non-removal of defects and on merits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision No. 342/2018
Praveen Kumar Son Of Shri Bhanwar Lal Aanchaliya, Resident Of Azad Nagar, Bhilwara, Tehsil And District Bhilwara.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. N.K. Gurjar Mr. Praveen Bhati For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
23/10/2018
This criminal revision petition has been preferred by the petitioner being aggrieved with the order dated 12.1.2018 passed by the Additional Sessions Judge No.1, Bhilwara (for short ‘the revisional court’) in criminal revision No.16/2015 whereby it has allowed the revision petition preferred by the respondents No.2 to 4 and has remitted the matter to the trial court to pass fresh order after providing opportunity of hearing to the parties concerned and after taking into consideration the conclusions arrived at by
(2 of 2)
[CRLR-342/2018]
the police in the negative final report as well as the protest petition filed on behalf of the petitioner.
The said revision petition was preferred by the respondents No.2 to 4 being aggrieved with the order dated 18.6.2014 passed by the Chief Judicial Magistrate, Bhilwara in final report No.36/2013 of Police Station Pratap Nagar, District Bhilwara.
This revision petition was filed on 13.3.2018 and the office has pointed out as many as five defects. Though two weeks’ time was granted by the Registrar (Adm.) on 9.4.2018 yet the defects were not removed. Thereafter on 24.8.2018 when this revision petition was listed before this Court, further two weeks’ time was granted to remove the defects but they have not been removed till date.
Having gone through the impugned order dated 12.1.2018 passed by the Additional Sessions Judge No.1, Bhilwara, I do not find any illegality in the same, hence, this revision petition is dismissed for non-removal of defects as well as on merits.
(VIJAY BISHNOI),J
Babulal/34
2 issues framed by the court
Whether the criminal revision petition is maintainable given the non-removal of defects pointed out by the registrar.
Whether there is any illegality in the impugned order of the Additional Sessions Judge remanding the trial for fresh hearing.
Praveen Kumar
State Of Rajasthan
M/s Pashupati Tex Product India Pvt. Ltd.
Ladu Lal
Dinesh Baheti
Vijay Bishnoi
As recorded by the court registry
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