Dismissed

Jagdish and Ors. v. State of Rajasthan and Anr.

Rajasthan HC12 Oct 2022CRLMP/4358/2014

Case brief

AI extract

What is this about?

In this special criminal miscellaneous petition under Section 482 Cr.P.C., the High Court of Rajasthan dismissed the plea of the petitioners seeking to quash the charge sheet and order under Section 482 Cr.P.C., holding the impugned orders of courts below to be free from illegality.

What did the court decide?

Petition under Section 482 Cr.P.C. and pending application dismissed.

Jagdish and Ors. Vs State of Rajasthan and… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4358/2014

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Jagdish S/o Govind Prasad

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Siyaram S/o Govind Prasad

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Vishambhar S/o Jyoti Ram

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Janak Singh S/o Ghanshhyam

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Bhola S/o Devi Ram

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Radheyshyam S/o Umrao

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All residents of Village Mada Bhaoo, PS Maniya Distt. Dholpur Raj.

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Ramesh S/o Hari Singh, R/o Village Jagariyapura, Police Station Maniya, District Dholpur Raj.

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----Petitioners

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Versus

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State Of Rajasthan through PP

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Narayan Singh S/o Loharey, R/o Village Kherli PS Maniya Distt. Dholpur

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----Respondents

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For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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12/10/2022

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Petitioners have preferred this petition u/s 482 Cr.P.C. against the order dt. 30.6.2014 passed by learned Additional Sessions Judge, Dholpur in Criminal Revision No.14/2012 whereby revision petition was dismissed and against order dt.4.2.2011 passed by learned Judicial Magistrate No.2, Dholpur in Criminal Case No.263-A/2001, whereby charges were framed against the petitioners u/s 147, 379, 447, 427 and 323 IPC.

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(2 of 2)

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[CRLMP-4358/2014]

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Learned counsel for the petitioners submits that trial court vide order dt.4.2.20211 wrongly ordered for framing of charges u/s 147, 379, 447, 427 and 323 IPC. Learned counsel for the petitioners further submits that petitioners have challenged the order of the trial court before the Court of Sessions by way of revision but revisional court also dismissed the revision filed by the petitioner vide order dt. 30.6.2014. Learned counsel for the petitioners also submits that complainant lodged vague complaint against the petitioners. There is no evidence except oral evidence for commission of crime against the petitioners. So, petition filed by the petitioners be allowed and orders of the trial court as well as revisional court be set aside.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.

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I have considered the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor and perused the impugned orders.

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After perusal of impugned orders, I find no illegality or infirmity in the orders of the courts below. So, petition filed by the petitioners being devoid of merit and liable to be dismissed.

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The present petition stand dismissed.

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Pending application also stands dismissed.

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(NARENDRA SINGH DHADDHA),J

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Brijesh 39.

Jagdish and Ors. v. State of Rajasthan and Anr.

Case brief

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Jagdish and Ors. v. State of Rajasthan and Anr.

Case brief

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