Dismissed

Siyaram S/O Shri Rameshwar Prasad Sharma B/C Brahmin v. State of Rajasthan

Rajasthan HC1 May 2019CRLMP/1918/2019

Case brief

AI extract

What is this about?

The High Court dismissed the criminal miscellaneous petition challenging the taking of cognizance and the rejection of a revision, holding that the case does not warrant the exercise of inherent powers and the second revision is barred.

What did the court decide?

The criminal miscellaneous petition and the stay application were dismissed and disposed of respectively.

Siyaram S/O Shri Rameshwar Prasad Sharma… — Pension and Retirement Benefits | 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. 1918/2019

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Siyaram S/o Shri Rameshwar Prasad Sharma B/c Brahmin, R/o Dhodholya Ki Dhani, Banskho, Tehsil Bassi, District Jaipur, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Dinesh Kumar Sharma S/o Kalyan Sahay Sharma B/c Brahmin, R/o Infront Of Midway, Agra Road, Dausa, Tehsil Dausa, Raj.

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----Respondents

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For Petitioner(s) : Mr. Sumer Singh For State : Mr. Arvind Kumar Chawla, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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01/05/2019

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Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dated 08.05.2017 passed by Chief Judicial Magistrate, Dausa, District Dausa vide which Court has taken cognizance against the petitioner and order dated 23.01.2019 passed by Additional Sessions Judge, Dausa, District Dausa (Raj.) vide which Criminal Revision filed by the petitioner was rejected.

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It is contended by counsel for the petitioner that the complainant has lodged many cases against the petitioner. Police has submitted negative final report and there was no material before the Court below to take cognizance against the petitioner.

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Learned Public Prosecutor has opposed the present Criminal Miscellaneous Petition.

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I have considered the contentions.

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(2 of 2)

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[CRLMP-1918/2019]

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Court below after recording of the statement of complainant has taken cognizance against the petitioner. Petitioner has already availed the remedy of Revision and second Revision is barred under the Code. Inherent powers though, can be exercised in exceptional cases but the present is not the case of an exceptional nature so as to exercise the inherent jurisdiction.

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Considering the above, I am not inclined to allow the present Criminal Miscellaneous Petition.

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The same is accordingly dismissed. Stay application stands disposed.

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Petitioner would be free to raise the grounds at the time of framing charge.

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(PANKAJ BHANDARI),J

¶24

AMIT KUMAR /46

Siyaram S/O Shri Rameshwar Prasad Sharma B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Siyaram S/O Shri Rameshwar Prasad Sharma B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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