Dismissed

Kuldeep v. State and Anr.

Rajasthan HC30 Jan 2024CRLMP/1893/2016

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition challenging an 498A IPC cognizance order affirmed by the Sessions Judge on the ground that Section 482 CrPC cannot be used to circumvent the bar under Section 397 CrPC on a second revision by the same party.

What did the court decide?

The criminal miscellaneous petition and the stay petition are dismissed. The order dated 07.04.2015 affirmed by the Sessions Judge remains in force.

Kuldeep Vs State and Anr. — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:4870]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1893/2016

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Kuldeep Gurjar Gaur son of Shri Jgdhish Gurjar Gaur, resident of Himmat Nagar, Police Line Road, Pali, District Pali.

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----Petitioner

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Versus

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The State of Rajasthan

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Smt Yamini Sharma wife of Kuldeep Gurjar Gaur, presently resident of E-447, LIG RIICO Colony, Abu Road, Distt Sirohi.

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----Respondent

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For Petitioner(s) : None present For Respondent(s) : Mr. Gaurav Singh, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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30/01/2024

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By way of filing an instant criminal misc. petition challenge is made to the order dated 09.05.2016 passed by learned Additional Sessions Judge, No.2, Abu Road, Sirohi in criminal revision petition No.18/2016(39/2015) whereby he affirmed the order dated 07.04.2015 passed by learned Judicial Magistrate, Abu Road, Sirohi. Learned Magistrate while showing his disagreement with the police report, took cognizance under Section 498A of the IPC and directed issuance of process against the petitioners.

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None present for the petitioner.

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The matter is pending before this Court since the year 2016. A perusal of the order sheets revealing that since long time no heed has been paid on behalf of the petitioner to pursue the cause. It does not auger well to keep the case pending for long

[2024:RJ-JD:4870]

[CRLMP-1893/2016]

(2 of 2)

eight years on an issue which pertains to taking cognizance of the offence.

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I have gone through the order under assail and see no reason for interference since the offence under Section 498A of the IPC is a continuing offence, otherwise also the legality, correctness and proprity of the order dated 07.04.2015 has aptly been examined by the learned Sessions Judge and in my view the present misc petition is noting but a second revision petition in disguise of a petition under Section 482 of the Cr.P.C. By virtue of sub clause 3 of 397 of Cr.P.C. an application by the same party is barred by law. In this view of the matter, the misc. petition deserves to be dismissed.

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Accordingly, the instant criminal misc. petition is dismissed. Stay petition also stands dismissed.

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(FARJAND ALI),J

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309-Samvedana/-

Kuldeep v. State and Anr.

Case brief

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Kuldeep v. State and Anr.

Case brief

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