The court dismissed a criminal revision petition filed to challenge an order quashing a previous revision petition, holding the second challenge impermissible under Cr.P.C. Section 397(3) and also dismissed the stay petition.
Revision petition dismissed; stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 257/2022
Pradhuman Kumar Vaishnav S/o Sh. Radhey Shyam Vaishnav, Aged About 45 Years, Hiran Magari, Sector No. 5, Udaipur (Raj.).
----Petitioner
| ----Respondents | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. Pushkar Taimni | |
| For Respondent(s) | : | Mr. Gaurav Singh - PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/12/2022
The instant revision petition has been preferred against the order dated 20.10.2016 by the petitioner, whereby, learned trial court directed to frame charge against the accused-petitioner. The legality, correctness and propriety of that order was challenged by him by way of filing a criminal revision petition before the Sessions Court, in which, learned Additional Sessions Judge No. 5, Udaipur in Criminal Revision No. 74/2016 has passed an order on 01.10.2021 and dismissed the petition.
Now the same party has challenged the same order, which is not permissible by virtue of Sub-clause 3 of Section 397 Cr.P.C.
Accordingly, the revision petition is dismissed. Stay petition also stands dismissed.
(FARJAND ALI),J
28-AK Chouhan/-
1 issue framed by the court
Whether a revision petitioner can challenge an order dismissing the same revision petition before lower courts.
1 provisions across 1 enactments
Pradhuman Kumar Vaishnav
State Of Rajasthan
Shree Ram Transport Company
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
