The High Court dismissed the criminal miscellaneous petition. The petitioner challenged orders refusing cognizance against an unknown accused regarding a stolen article. The court found no illegality in the lower courts' decisions.
The criminal miscellaneous petition was dismissed with no further orders to be made.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Misc(Pet.) No. 3357/2018
Mubarik Hussain
----Petitioner
| Versus | ||
|---|---|---|
| State Of Rajasthan | ----Respondent | |
| For Petitioner(s) | : Mr. |
Ram Prasad Singaria |
| For Respondent(s) | : Mr. |
Vikram Sharma,PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
19/05/2023
This criminal misc. petition is preferred against the impugned judgment dated 29.06.2018 passed by learned Additional Sessions Judge, Rajsamand, whereby the learned revisional court dismissed the revision petition and affirmed the order dated 23.01.2016 passed by learned ACJM, Rajsamand, whereby, the learned trial court rejected the compliant filed by the petitioner.
The learned trial court vide order dated 23.01.2016, refused to take cognizance against the unknown accused and against the said order, the revision application filed by the petitioner was dismissed and order dated 23.01.2016 of learned Magistrate was affirmed.
After investigation on the complaint made by the petitioner, Police though found that certain article belonging to the petitioner, was missing but the Police could not found any offender to the alleged offence.
[CRLMP-3357/2018]
(2 of 2)
Thereafter, learned Magistrate vide order dated 23.01.2016 dismissed the application preferred by the petitioner for taking cognizance against the unknown person. The said order was affirmed by the ADJ, Rajsamand vide order dated 29.06.2018.
In view of the above, I do not find any illegality in the impugned orders passed by both the courts below. The criminal misc. petition is, therefore, dismissed.
(PRAVEER BHATNAGAR),J
9-mohit/-
Mubarik Hussain
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
