Dismissed

Hitendra Kumar Choudhary v. Rampratap and Ors.

Rajasthan HC2 May 2019CRLMP/2281/2017

Case brief

AI extract

What is this about?

Petitioner challenged the dismissal of his earlier criminal revision and the confirmation of a lower court order refusing cognizance against most respondents. The High Court held that the bar on second revision applied and inherent powers were not exercisable as it was not an exceptional case. Petition dismissed.

What did the court decide?

Criminal Miscellaneous Petition dismissed; Stay application disposed of.

Hitendra Kumar Choudhary Vs Rampratap and Ors. — Rajasthan HC (2019) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2281/2017

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Hitendra Kumar Choudhary S/o Shri Gopal Lal Jat B/c Jat, R/o Kushalpura, Police Station Dooni, Tehsil Deoli, Distt. Tonk Raj.

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----Petitioner

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Versus

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Rampratap S/o Shri Bhuralal B/c Jat, R/o Gordhanpura, At Present R/o Bilvasya Mohalla Nagar Fort, Tehsil Dooni, At Present Working As Girdawar, Sub Tehsil Nagar Fort, Distt. Tonk Raj.

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Anita Choudhary W/o Hitendra Kumar Choudhary D/o Ram Pratap Choudhary B/c Jat, R/o Gordhanpura, At Present R/o Bilvasya Mohalla Nagar Fort, Tehsil Dooni Distt. Tonk Raj.

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Bhawani Shankar Choudhary, Teacher Son Of Shri Soorajmal, By Caste Jat, R/o Balapura, Tehsil Uniyara, District Tonk Raj.

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Jagdish Jat Son Of Not Known, By Caste Jat, R/o Khelniya, Tehsil Uniyara, District Tonk Raj.

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Shankar Lal Choudhary Son Of Shri Amba Lal Choudhary, By Caste Jat, R/o Dooni, Tehsil Dooni, District Tonk, At Present Posted As Assistant Sub Inspector Of Police, Police Station Kekri, District Ajmer Raj.

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State Of Rajasthan Through P.p.

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----Respondents

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For Petitioner(s) : Mr.Vikas Saini For State : Mr.Arvind Bhadu,PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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02/05/2019

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Petitioner has preferred this Criminal Misc.Petition against the order dated 04.04.2017 passed by Sessions Judge, Tonk in Criminal Revision Petition No.136/2016 whereby the Court below

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(2 of 3)

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[CRLMP-2281/2017]

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has dismissed the revision petition filed by the complainantpetitioner and confirmed the order dated 3.11.2016 passed by Judicial Magistrate Dooni, District Tonk vide which the Court took cognizance of offence only against respondent No.1 for the offence under Section 504 IPC and declined to take cognizance against respondents No.1 to 4 for offence under Sections 420, 406, 452, 379, 323, 504, 120-B IPC and against respondent No.5 for offence under Section 217 IPC.

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It is contended by counsel for the petitioner that the police submitted negative final report as respondent No.5 was Assistant Sub-Inspector of Police. It is contended that the Court below has failed to appreciate the evidence adduced by the complainant and has erred in refusing to take cognizance against the respondents. 3. Learned Public Prosecutor has opposed the Criminal Misc. Petition. His contention is that the petitioner has already availed remedy of revision. This being a second revision under Section 397 (3) Cr.P.C. Criminal Misc.Petition should not be entertained. 4. I have considered the contentions and have perused impugned orders. 5. In the present case in hand, the police has submitted the negative final report. On protest petition filed by the complainant Court has taken cognizance for offence under Section 504 IPC and has declined to take cognizance against the other respondents. The complainant has already availed the remedy and the revision petition filed by the complainant stands dismissed by the Sessions Court and there is bar on second revision under the Code of Criminal Procedure as the inherent powers can be invoked only in exceptional circumstances. I do not find this case to be an exceptional case so as to invoke the inherent powers.

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(3 of 3)

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[CRLMP-2281/2017]

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The Criminal Misc.Petition is dismissed. Stay application also stands disposed.

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(PANKAJ BHANDARI),J

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TEEKAM KHANCHANDANI /18

Hitendra Kumar Choudhary v. Rampratap and Ors.

Case brief

What is this about?

What did the court decide?

Hitendra Kumar Choudhary v. Rampratap and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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