Quashed

Smt Shakuntala Sharma v. State of Rajasthan and Anr.

Rajasthan HC3 Jul 2019CRLMP/1593/2011

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed the revisional order directing the Trial Court to record reasons under Section 250 Cr.P.C. in an acquittal case, holding that such direction was impermissible in a complaint-driven trial.

What did the court decide?

The impugned order directing the Trial Court to proceed under Section 250 Cr.P.C. is quashed. The stay application is disposed of.

Smt Shakuntala Sharma Vs State of Rajasthan and… — Criminal Trial and Appeal | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1593/2011

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Smt. Shakuntala Sharma W/o Late Shri Ramnath Sharma B/c Brahmin, R/o Gulalgund, Police Station Mathura Gate, Bharatpur

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----Petitioner

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Versus

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State Of Rajasthan Through Pp

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Shyam Sunder Sharma S/o Shri Badri Prasad Sharma B/c Brahmin, R/o A/529, Khokhawala Gali, Nadu Sarai , New Delhi

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----Respondents

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For Petitioner(s) : Mr. Anurodh Chaturvedi For Respondent(s) : Mr. Mangal Singh Saini, P.P.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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03/07/2019

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Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dated 18.01.2011 passed by learned Additional Sessions Judge No.2, Bharatpur in Criminal Revision No. 82/2008 whereby Revision Petition preferred by the petitioner against the order of acquittal was dismissed and the Revisional Court directed the Trial Court to issue notice to the complainant-petitioner under Section 250 of Cr.P.C.

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Vide order dated 09.04.2018, counsel for the petitioner was directed to file an affidavit disclosing therein that whether any regular appeal against the judgment of acquittal has been filed.

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An affidavit has been filed to the effect that no appeal has been preferred against the order of acquittal.

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(2 of 3)

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[CRLMP-1593/2011]

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It is contended by learned counsel for the petitioner that while acquitting the accused, the Trial Court did not proceed under Section 250 of Cr.P.C. and Revisional Court has erred in directing the Trial Court to proceed under Section 250 of Cr.P.C.

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Counsel for the petitioner has placed reliance on Mool Chand vs. State of Rajasthan, RLW 1981 Page 139 wherein Rajasthan High Court has held that the Appellate Court or the Court exercising powers of revision has no jurisdiction to pass any order relating to payment of compensation under Section 250 of Cr.P.C.

¶20

No-one has put in appearance on behalf of respondent No.2.

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I have considered the contentions and have perused the impugned order as well as the order passed by the Judicial Magistrate No.2, Bharatpur whereby respondent No.2 was acquitted.

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As per the acquittal order, benefit of doubt was given to the accused.

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Petitioner preferred Revision Petition and the Revisional Court upheld the order passed by the Trial Court while exercising the powers vested under Section 397 of Cr.P.C.. The Revisional Court has remanded the case back to the Magistrate to proceed under Section 250 of Cr.P.C.

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In view of the judgment of the High Court in the case of Mool Chand vs. State of Rajasthan (supra), I am of the considered view that the Revisional Court exercised the powers vested in it by the Code and has erred in directing the Trial Court to proceed under Section 250 of Cr.P.C. in Revision Petition filed by the complainant.

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(3 of 3)

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[CRLMP-1593/2011]

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For the purpose of securing ends of justice, the misc. petition deserves to be and is accordingly allowed and the impugned order to the extent direction is given to the Trial Court to proceed under Section 250 of Cr.P.C. is quashed.

¶28

Stay application stands disposed.

¶29

(PANKAJ BHANDARI),J

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Simple Kumawat /57

Smt Shakuntala Sharma v. State of Rajasthan and Anr.

Case brief

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Smt Shakuntala Sharma v. State of Rajasthan and Anr.

Case brief

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