Disposed

Smt Suman and Ors. v. State and Anr.

Rajasthan HC2 Jan 2020CRLR/367/2017

Case brief

AI extract

What is this about?

High Court allowed S.B. Criminal Revision Petition. It set aside the revisional court's remand order not as illegal per se, but remanded the matter back to the trial court from where it had come. The trial court was directed to decide the case afresh after hearing both parties and pass a reasoned order.

What did the court decide?

Revision petition allowed; order of remand to be set aside in terms of court's direction; stay application dismissed; record sent back to trial court afresh.

Smt Suman and Ors. Vs State and Anr. — Criminal Trial and Appeal | Rajasthan HC (2020)

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(1 of 3)

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[CRLR-367/2017]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 367/2017

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Smt. Suman W/o Shri Sawai Singh, B/c Rajput, R/o 4-K58, Kudi Bhagtasni Housing Board, Jodhpur.

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Sawai Singh S/o Shri Bheem Singh, B/c Rajput, R/o 4-K58, Kudi Bhagtasni Housing Board, Jodhpur.

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Rajender Singh S/o Shri Manohar Singh, B/c Rajput, R/o Sector-4, C-24, Kudi Bhagtasni Housing Board, Jodhpur.

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Bhanwar Singh S/o Shri Roop Singh, B/c Rajput, R/o 4-L11, Kudi Bhagtasni Housing Board, Jodhpur.

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Kalu Singh S/o Shri Lakh Singh, B/c Rajput, R/o 4-I-28, Kudi Bhagtasni Housing Board, Jodhpur.

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----Petitioners

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Versus

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The State Of Rajasthan

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Mool Chand S/o Shri Sultanchand, B/c Brahmin, R/o 4-K63, Kudi Bhagtasni Housing Board, Jodhpur Raj.

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----Respondents

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For Petitioner(s) : Mr. Bhagat Dadhich For Respondent(s) : Mr. Vikram Sharma, PP Mr. Surendra Surana

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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02/01/2020

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Instant revision petition has been filed by the petitioners against the order dated 31.01.2017 passed by the learned Additional District Judge No.2, Jodhpur Metropolitan whereby the revisional court allowed the revision filed by the respondent No.2 against the order dated 30.10.2015 passed by the learned Additional Chief Judicial Magistrate No.1, Jodhpur Metro and remanded the matter to the trial court to decide afresh.

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(2 of 3) [CRLR-367/2017]

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Counsel for the petitioners submits that the trial court has rightly accepted the final report submitted by the Police and correctly rejected the protest petition filed by the respondent No.2 against the final report. The learned trial court has considered each and every aspect of the matter and passed a reasoned and speaking order. But the learned revisional court without considering the order of the trial court in a proper manner, remanded the matter back to the trial court for deciding afresh. Counsel submits that the order of remand passed by the revisional court is per-se illegal and deserves to be set aside.

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Counsel for the respondent No.2 submits that the revisional court simply remanded the matter to the trial court for deciding afresh and no adverse order has been passed against the petitioners. Therefore, the order of the revisional court is just and proper and requires no interference from this Court.

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Heard the learned counsel for the parties and perused the impugned order and also carefully gone through the record.

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The trial court considered the matter and by its order dated 30.10.2015 accepted the final report submitted by the Police and also rejected the protest petition filed by the respondent No.2 against the final report. The respondent No.2 filed a revision petition before the revisional court and the revisional court remanded the case to the trial court for deciding afresh. The order passed by the revisional court is just and proper and requires no interference.

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Hence, the revision petition is dismissed. Stay application is also dismissed.

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(3 of 3)

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[CRLR-367/2017]

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However, the trial court is directed to consider the matter afresh and pass a reasoned and speaking order after hearing both the parties in accordance with law.

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The record of the trial court be sent back immediately.

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(MANOJ KUMAR GARG),J

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43-MS/-

Smt Suman and Ors. v. State and Anr.

Case brief

What is this about?

What did the court decide?

Smt Suman and Ors. v. State and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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