Petitioner challenged dismissal of revision petition and complaint alleging misuse of trust property and fraud. Court found no illegality or perversity in impugned orders despite alleged delay. Petitioner's petition dismissed.
None. The Criminal Miscellaneous Petition was dismissed.
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[2023:RJ-JD:33272]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1212/2023
Mahesh Khetani S/o Lt. Sh. Mangaram Ji Khetani, Aged About 60 Years, B/c Sindhi, R/o Sindhi Colony, Sardarpura. Trustee Of Jodhpur Medical Research Centre Trust Mangaram Khetani, Complex E- Shastri Nagar, Jodhpur, Dist. Jodhpur (Raj.).
----Petitioner
----Respondents
For Petitioner(s) : Mr. Narendra A. Rajpurohit For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/10/2023
Instant misc. petition has been filed against the order dated 12.01.2023 passed by learned Additional Sessions Judge No.2, Jodhpur metropolitan whereby the learned Judge dismissed the revision petition and affirmed the order dated 28.02.2017 passed by learned Additional Civil Judge and Metropolitan Magistrate, No.7, Jodhpur dismissing the complaint filed by the petitioner.
[2023:RJ-JD:33272]
[CRLMP-1212/2023]
(2 of 3)
Brief facts of the case are that the complainant petitioner filed a complaint before the court below stating that the respondents No. 2 to 4 misused the trust property by fabricating documents and obtained private electricity connection. The learned court below after considering the complaint filed by the petitioner dismissed the same vide order dated 28.02.2017.
The petitioner filed a revision petition against the said order before the learned Additional Sessions Judge No.2, Jodhpur Metropolitan which too was dismissed vide order dated 12.01.2023.
Counsel for the petitioner submits that without considering the material aspect of the matter, the trial court mechanically dismissed the complaint filed by the petitioner. It is argued that on the basis of statement of the complainant and other witnesses, a prima facie case is clearly made out against the accused respondents. It is argued that from the statement of witnesses and material on record, it is evident that the accused respondents had committed fraud. It is prayed that the matter may be remanded back to the trial court for passing a fresh order in accordance with law.
Learned Public Prosecutor supported the impugned orders and submitted that both the courts below have discussed each and every aspect of the matter and have rightly rejected the protest petition and revision petition respectively, which does not called for any interference.
Heard the learned counsel for the parties and perused the orders impugned so also the record.
[2023:RJ-JD:33272]
[CRLMP-1212/2023]
(3 of 3)
The learned court below by way of detailed order has observed that the complaint filed by the petitioner is delayed by so many years and so far as the electricity connection is concerned, the same has been taken by the respondent for his residential house and not for trust. Thus, the petitioner failed to make out a prima facie case against the respondents by adducing strong evidence. Learned Additional Chief Judicial Magistrate after considering the entire material on record, rejected the complaint filed by the petitioner. The revision petition filed by the petitioner also came to be dismissed by the learned Additional Sessions Judge, Jodhpur Metropolitan by way of a detailed order. In the opinion of this Court, no plausible ground exists for disbelieving the negative Final report filed by the police after thorough investigation. There is no illegality or perversity in the impugned orders dated 28.02.2017 & 12.01.2023. Hence, this misc. petition is hereby dismissed.
(MANOJ KUMAR GARG),J
266-BJSH/-
2 issues framed by the court
Whether the High Court should interfere despite the detailed orders by courts below finding no prima facie case.
Whether a plausible ground exists to disbelieve the negative final report filed by the police.
Mahesh Khetani
State Of Rajasthan
Tarun Khetani
Dr. S.d. Khetani
Narayan Singh Bhati
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
