Hon'ble Mr. Justice Farjand Ali disposed of the criminal revision petition challenging a Sessions Judge's order that set aside a lower court's cognizance. The High Court agreed with the revisional court's reasoning and dismissed the petition.
dismissed the criminal revision petition and directed the record to be sent back forthwith.
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 AT JODHPUR
S.B. Criminal Revision Petition No. 116/2021
Deepak S/o Chimna Ram, Aged About 35 Years, By Caste Mali, R/o Ward No. 11, Near Shiv Kala Munch Naya Bass Churu (Raj.).
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Ms. Kriti Pareek |
|---|---|---|
| Mr. N.L. Joshi | ||
| For Respondent(s) | : | Mr. Laved Gouri – PP Mr. S.K. Ojha for complainant |
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/12/2022
By way of filing instant criminal revision petition challenge has been made to the order dated 12.01.2021 passed by learned Additional Sessions Judge, Churu in Criminal Revision No.29/2014, whereby, the learned Judge has set aside the order dated 26.04.2013 taking cognizance by the learned Chief Judicial Magistrate, Churu.
I have gone through the entire material available on record.
The matter was thoroughly investigated by the Police and thereafter a negative final report came to be submitted. Upon a protest made by the complainant, the learned Chief Judicial Magistrate took cognizance of the offence and issued process
(2 of 2)
[CRLR-116/2021]
against him. The said order was challenged by the accusedrespondent by filing a revision petition.
The legality, correctness and propriety of the order taking cognizance has been examined by the learned Additional Sessions Judge. Good reasons have been assigned while accepting the revision petition.
After a close scrutiny, I too concur with the observations made by learned revisional court. There is no force in the revision petition and the same deserves to be dismissed.
The criminal revision petition is dismissed accordingly. The record be sent back forthwith.
(FARJAND ALI),J
189-AK Chouhan/-
1 issue framed by the court
Whether the criminal revision petition challenging the order of the Sessions Judge setting aside the cognizance order deserves to be allowed.
Deepak S/o Chimna Ram
State Of Rajasthan
Keshar Dev S/o Sh. Pokar Mal
Smt. Usha Devi W/o Keshar Dev
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
