The High Court of Rajasthan at Jodhpur dismissed a criminal revision petition seeking to quash an order remanding a case involving cheque-related offences back to the trial court, holding that the order caused no illegality against the petitioners.
Petition dismissed; trial court directed to pass fresh order.
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.
[2023:RJ-JD:39261]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 420/2022
----Petitioners
----Respondents
| For Petitioner(s) | : | Mr. Udit Mathur |
|---|---|---|
| Mr. Mohd. Ameen on behalf of | ||
| Mr. Vipul Dharnia | ||
| For Respondent(s) | : | Mr. M.S. Bhati, PP with |
| Mr. C.P. Marwan | ||
| Mr. BaltejSingh,for respondent No.2 |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/11/2023
The instant revision petition has been filed by the petitioner against the order dated 13.09.2021 passed by the learned Addl. Sessions Judge Sangaria, District Hanumangarh in Criminal Case No.05/2019 by which the revision petition filed by the respondent No.2 has been allowed and the matter was remanded back to the learned trial Court for passing a fresh order.
Counsel for the petitioner submits that the FIR in this case has been filed by respondent No.2-Darshan Singh for offence
[2023:RJ-JD:39261]
[CRLR-420/2022]
(2 of 3)
under Sections 420, 465, 467, 471 and 120-B of IPC against the present petitioners, in which after thorough investigation the Police submitted Final Report against the present petitioners. Thereafter the respondent No.2 Darshan Singh has filed protest petition against the Final Report and the learned trial Court i.e. Addl. Chief Judicial Magistrate Sangaria, Hanumangarh vide his order dated 03.12.2018 accepted the F.R. and rejected the protest petition. Thereafter the respondent No.2 filed revision petition before the learned Addl. Sessions Judge, Sangaria, District Hanumangarh, who vide impugned order dated 13.09.2021 allowed the revision petition and set aside the order dated 03.12.2018 and remanded the matter back to pass a fresh order in accordance with law. The order of the revisional Court is illegal and without considering the material aspect of the case. In these circumstances, the impugned order dated 13.09.2021 passed by the learned Addl. Sessions Judge, Sangaria, Hanumangarh may kindly be quashed.
Per contra learned Public Prosecutor and counsel for the respondent No.2 opposed the prayer made by the counsel for the petitioners and submits that the order impugned is merely a remand back order and a fresh order is yet to be passed by the learned trial Court. Therefore, the revision petition may kindly be dismissed.
I have considered the arguments advanced before me and carefully gone through the material available on record.
Firstly the trial Court accepted the Final Report and rejected the protest petition of the respondent No.2 and thereafter the revisional Court has allowed the revision petition and set aside the
[2023:RJ-JD:39261]
[CRLR-420/2022]
order of the learned trial Court and case is remanded back for passing a fresh order and upto this time no order has been passed by the learned trial Court. It is merely a remand back order and no order has been passed by the revisional Court against the present petitioners. Thus, there is no illegality and infirmity in the impugned order, hence, no interference is called for from this Court.
Hence, the instant criminal revision petition filed by the petitioner is hereby dismissed. The learned trial Court is directed to pass a fresh order without prejudice from finding of the learned Addl. Sessions Judge Sangaria, Hanumangarh.
Stay petition is also decided accordingly.
(MANOJ KUMAR GARG),J
128-Ishan/-
1 issue framed by the court
Whether interference is called for because the impugned order was merely a remand back order without any adverse judgment against the petitioners.
Gurdeep Singh S/o Shri Kour Singh
Mita Singh @ Baljeet Singh S/o Shri Bachan Singh
State Of Rajasthan
Darshan Singh @ Gurdarshan Singh
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
