The High Court dismissed the criminal miscellaneous petition seeking quashing of conviction under Section 500 IPC. The court held the case was not exceptional enough to invoke inherent powers under Section 482 Cr.P.C. after the petitioner availed revision.
The criminal miscellaneous petition and the stay application are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4731/2016
Prabhudayal son of Krishna Kumar, by caste Soni, R/o Village Suroth Fathehsinghpura Tehsil Hindaun Police Station Suroth, District Karauli (Rajasthan).
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr. Vijay Choudhary For Respondent(s) : None present For State : Mr. F.R. Meena, P.P.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
07/08/2019
(2 of 2)
[CRLMP-4731/2016]
(PANKAJ BHANDARI),J
Simple Kumawat /12
3 issues framed by the court
Whether the present case is an exceptional case warranting exercise of inherent powers under Section 482 Cr.P.C. despite bar under Section 397 Cr.P.C.
Whether the High Court can entertain the misc. petition when the petitioner has already availed the remedy of Revision.
Whether an offence under Section 500 IPC is made out given the petitioner's claim of being covered by exception.
Prabhudayal son of Krishna Kumar
Sunita Baweria
the State of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
