Dismissed

Jai Karan v. State and Anr.

Rajasthan HC1 Jul 2024CRLMP/1450/2012

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed a criminal miscellaneous petition challenging a Magistrate's order of cognizance. The Court upheld the taking of cognizance under Sections 167 and 193 IPC following a protest petition, finding prima facie evidence of the petitioner forging a caste certificate to defeat the complainant's cause. The record was remanded for trial conclusion within 12 m

What did the court decide?

Petition dismissed; record remanded to Magistrate to conclude proceedings within 12 months.

Jai Karan Vs State and Anr. — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:25324]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1450/2012

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Jai Karan S/o Peer Dan B/c Charan, R/o Nimaj, Tehsil Jaitaran, District Pali

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----Petitioner

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Versus

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State Of Rajasthan

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Smt. Saayari D/o Dhoolaji B.c Damami, R/o Giri Police Station Sendra, District Pali

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----Respondent

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For Petitioner(s)	: Mr. Yogita Mohanani
For Respondent(s)	: Mr. S.K. Mehar, PP
	Mr. Tejmal Ram

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HON'BLE MR. JUSTICE FARJAND ALI

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	Order
ORDER PRONOUNCED ON	:::	01/07/2024
ORDER RESERVED ON	:::	23/05/2024
BY THE COURT:-

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The order dated 19.04.2012 passed by the Judicial Magistrate Pali passed in Criminal Original Case No.217/2012 is made to challenge by the petitioner before this Court by way of filing the instant miscellaneous petition.

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Heard learned counsel for the Parties. It is revealing that after receiving the closure report, the learned Magistrate heard the complainant on a protest petition and, whereafter, showing her disagreement with the police report, took cognizance of the offence under Sections 167 and 193 of the IPC. It is revealing that there was a dishonest intention on the part of the petitioner since he prepared a forged caste certificate solely for the reason to save

[2024:RJ-JD:25324]

[CRLMP-1450/2012]

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his skin so that he may not be prosecuted by the complainant, who is a weaker person of the society. The documents available on record making it abundantly clear that the complainant was a Hindu Damami and as per the Circular dated 24-03-2005 and the directions issued by the collector, Hindu Damami are included within the category of Schedule Caste. Prima facie, strong circumstances showing that the petitioner issued the false certificate just to defeat the cause of the complainant or to cause harm to her.

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In my view, the Learned Magistrate has very prudently examined the factual and legal aspects of the matter and thus committed no error in passing the order under assail.

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In view of the above, there is no force in the instant misc. petition and therefore, the same is hereby dismissed. The record of the case be sent back forthwith with a direction to the learned Magistrate to conclude the judicial proceeding as expeditiously as possible, preferably within a period of 12 months after receiving the record.

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(FARJAND ALI),J

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286-Mamta/-

Jai Karan v. State and Anr.

Case brief

What is this about?

What did the court decide?

Jai Karan v. State and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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