Dismissed

Rameshwar Prasad Sharma S/O Shri Babu Lal Sharma v. State of Rajasthan

Rajasthan HC1 May 2019CRLMP/2226/2019

Case brief

AI extract

What is this about?

Privy to Order s/o Shri Rambalal Sharma; J. Pankaj Bhandari (01/05/2019). Petitioners challenged Cognizance undertaken against them by CJM Dausa, and Criminal Revision rejected by ASJ Dausa. Court held that remedy under CrPC spent and inherent powers not exercisable in exceptional case. Petition dismissed.

What did the court decide?

Criminal Miscellaneous Petition dismissed. Stay application disposed of. Petitioners free to raise grounds during framing of charges.

Rameshwar Prasad Sharma S/O Shri Babu Lal… — Civil Procedure and Limitation | 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. 2226/2019

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

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

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

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Smt. Sushila W/o Shri Vinod Kumar Sharma B/c Brahmin, R/o Tunga, Tehsil Bassi, District Jaipur, 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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Order

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01/05/2019

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Petitioners have preferred this Criminal Miscellaneous Petition aggrieved by order dated 09.05.2017 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 petitioners that the complainant has lodged many cases against the petitioners. Police

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(2 of 2)

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[CRLMP-2226/2019]

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has submitted negative final report and there was no material before the Court below to take cognizance against the petitioners. 3. Learned Public Prosecutor has opposed the present Criminal Miscellaneous Petition. 4. I have considered the contentions.

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Court below after recording of the statement of complainant has taken cognizance against the petitioners. Petitioners have already availed the remedy of Revision and second Revision is barred under the Code. Inherent powers though, can be exercised in exceptional case 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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Petitioners would be free to raise the grounds at the time of framing charge.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /49

Rameshwar Prasad Sharma S/O Shri Babu Lal Sharma v. State of Rajasthan

Case brief

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Rameshwar Prasad Sharma S/O Shri Babu Lal Sharma v. State of Rajasthan

Case brief

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