Allowed

Kalpana Singh Rajawat D/O Sh. Brijraj Singh Rajawat Wife of Dr. Priyankar Singh v. Priyankar Singh Son of Dr. K.H. Singh

Rajasthan HC10 Mar 2022CRLR/303/2021

Case brief

AI extract

What is this about?

This court converted a criminal revision petition into a criminal miscellaneous petition under Section 482 Cr.P.C. to resolve a maintainability objection arising from a precedent.

What did the court decide?

Registry to register the criminal revision petition as a criminal miscellaneous petition under Section 482 Cr.P.C.

What the court decided

Kalpana Singh Rajawat D/O Sh. Brijraj Singh… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Revision Petition No. 303/2021

¶3

Dr. Kalpana Singh Rajawat D/o Sh. Brijraj Singh Rajawat Wife Of Dr. Priyankar Singh, Aged About 37 Years, R/o 80/71, Nyay Path, Patel Marg, Mansarover, Tehsil Sanganer, Jaipur

¶4

Master Astitva Singh S/o Priyankar Singh, Aged About 5 Years, Minor Through His Natural Guardian And Mother Dr. Kalpana Singh

¶5

Versus

¶6

Dr. Priyankar Singh Son Of Dr. K.H. Singh, Aged About 39 Years, Resident Of Jyoti Kunj, Dak Bangla Road, Chhapara, Bihar And At Present Resident Of Indira Gandhi Institute Of Medical Science, Senior Residence, Patna

¶7

----Respondent For Petitioner(s) : Mr. Sandeep Mathur, Adv. For Respondent(s) : Mr. Parmender Dadhich, Adv.

¶8

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶9

Order

¶10

10/03/2022

¶11

Heard learned counsel for the parties on an application No.2/2022 filed for converting this criminal revision petition into criminal misc. petition under Section 482 Cr.P.C.

¶12

Learned counsel for the petitioners submits that this criminal revision petition may be converted into criminal misc. petition as an objection has been raised by the learned counsel for the respondent that this criminal revision petition is not maintainable in view of the law laid down by this Hon’ble High Court in the case of Anshul Kulshreshtha Vs. Smt. Swarnima Kulshreshtha

¶13

(2 of 2)

¶14

[CRLR-303/2021]

¶15

and Ors., S.B. Criminal Revision Petition No.483/2018, decided on 31.08.2018.

¶16

In view of above, learned counsel for the petitioners prays that this criminal revision petition may be treated as criminal misc. petition under Section 482 Cr.P.C.

¶17

Registry is directed to register this criminal revision petition

¶18

as criminal misc. petition under Section 482 Cr.P.C.

¶19

Accordingly, the application No.2/2022 is allowed.

¶20

Learned counsel for the petitioner is directed to file amended cause title.

¶21

For statistical purpose, this criminal revision petition is

¶22

disposed of.