This criminal miscellaneous petition challenged impugned orders dismissing a revision and refusing investigation under Section 156(3) Cr.P.C. The High Court found no illegality or perversity and dismissed the petition along with the stay petition.
Petition under Section 482 Cr.P.C. and stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 137/2022
Manish S/o Shri Kishore Ji Prajapat, Aged About 38 Years, R/o Aanjani, Tehsil Lasadiya, District Udaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
13/04/2023
The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 29.10.2021 passed by learned Additional Sessions Judge No.1, Udaipur in Criminal Revision Petition No.117/2021 whereby the learned Judge dismissed the revision and affirmed the order dated 29.07.2021, passed by learned Judicial Magistrate (North), No.2, Udaipur whereby the learned Magistrate refused to send the complaint
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[CRLMP-137/2022]
(2 of 3)
under Section 156(3) Cr.P.C. for investigation to the concerned Police Station.
Learned counsel for the petitioner submits that the petitioner filed a complainant for offence under Sections 380, 406, 384, 506 IPC against the accused persons levelling the specific allegations and the learned trial Court ought to have sent the said complainant under Section 156(3) Cr.P.C. for investigation to the concerned Police Station but without assigning any cogent reason, the trial Court refused to do the same. Further, the learned revisional court has also committed the same error in rejecting the revision of the petitioner challenging the order of the trial court. It is therefore, prayed that the orders impugned may be set aside and the application filed by the petitioner under Section 156(3) Cr.P.C may be allowed.
Per contra, 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 revision petition which does not called for any interference.
Heard learned counsel for the parties and perused the impugned orders as well as carefully gone through the material available on record.
Learned Judicial Magistrate (North), No.2, Udaipur vide order dated 29.07.2021 after considering the entire facts and circumstances of the case, rejected the complaint filed by the petitioner. The revision petition filed by the petitioner also came to be dismissed by the learned Addl. Sessions Judge, No.1 Udaipur by way of detailed order. In the opinion of this Court, no plausible
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ground exists for interfering in the impugned orders. There is no illegality and perversity in the impugned order dated 29.10.2021 & 29.07.2021.
Hence, the misc. petition stands dismissed. Stay petition also stands dismissed.
(MANOJ KUMAR GARG),J
5-raksha/-
1 issue framed by the court
Whether the learned trial and revisional courts committed any illegality or perversity in refusing investigation under Section 156(3) Cr.P.C.
2 provisions across 1 enactments
Manish S/o Shri Kishore Ji Prajapat
State Of Rajasthan
Vella Ram S/o Megh Ji Prajapat
Smt. Kamla W/o Vella Ram Prajapat
Smt. Sushma W/o Manish Prajapat
Dinesh S/o Shri Shanker Ji Prajapat
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
