Allowed criminal miscellaneous petition quashing a revision order dismissing a revision petition. Directive to decide revision on merits. Clarified Limitation Act applies and taking cognizance is revisable.
Order dated 30.01.2021 in CRLP No. 11/2021 passed by Additional Sessions Judge No. 1 is quashed. Matter remanded to decide on merits.
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[2023:RJ-JD:41181]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1245/2021
----Petitioners
----Respondents
| For Petitioner(s) | : Mr. Rekharam Choudhary |
|---|---|
| For Respondent(s) | : Mr. Muktiyar Khan,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/11/2023
Heard learned counsel for the petitioners and the learned Public Prosecutor and perused the order dated 30.01.2021 passed by the learned Additional Sessions Judge No. 1, District- Barmer in Criminal Revision Petition No. 11/2021. The learned Judge has dismissed the revision petition on two grounds. One is that in revision petition, the provisions of Limitation Act do not apply and the second reason as shown would be that the order taking cognizance is an interlocutory order and therefore, not revisable. This Court is of the opinion that the learned Additional Sessions Judge is totally misconceived and continuation of the order
[2023:RJ-JD:41181]
[CRLMP-1245/2021]
(2 of 2)
impugned would be nothing but a glaring abuse of process of law, therefore, the same deserves to be quashed and set aside. Accordingly, the instant criminal misc. petition is allowed and the order dated 30.01.2021 passed by Additional Sessions Judge No. 1, District- Barmer in Criminal Revision Petition No. 11/2021 is quashed and set aside. The matter is remanded back to the learned Court below and it is directed to decide the revision petition on its merits. It is made clear that the provision of Limitation Act applies mutatis mutandis to a petition filed under Sections 397 and 401 of the Cr.P.C. It is further clarified that the order taking congnizance is a revisable order.
(FARJAND ALI),J
345-arjun/-
3 issues framed by the court
Whether the provisions of the Limitation Act apply to petitions filed under Sections 397 and 401 of the Cr.P.C.
Whether an order taking cognizance is a revisable order amenable to revision
Whether dismissal of the revision petition constitutes an abuse of process of law
2 provisions across 1 enactments
Sidharam S/o Gunesha Ram
Shobharam S/o Sidharam
State Of Rajasthan - State, Through PP
Rameshwar Lal s/o Achal Das
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
