Petition challenging a cognizance order taken on a protest petition for offences of cheating and criminal breach of trust was dismissed because an alternative statutory remedy of criminal revision before the Sessions Court was available and not invoked.
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[2024:RJ-JP:380]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 224/2023
Harisingh Lambora S/o Sh. Laxmi Narain, Aged About 62 Years, R/o 80 Brijraj Enclave, Panchyawala, Jaipur. EmailLamboraharisingh @ Gmail.com, Mob 7073066688.
----Petitioner
| Versus |
|---|
----Respondents
| For Petitioner(s) | : | Mr. Harisingh Lambora, petitioner in person |
|---|---|---|
| For Respondent(s) | : | Mr. Chandragupt Chopra, PP |
| Mr. Ram Manohar Sharma |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
03/01/2024
[2024:RJ-JP:380]
[CRLMP-224/2023]
(2 of 3)
thorough investigation submitted negative final report observing that the dispute is of civil nature. He submits that there was no sufficient evidence produced before the trial Court to take cognizance for such offence and the impugned order of cognizance is ex facie illegal so also leads to miscarriage of justice. Hence, it has been prayed that the order of cognizance be set aside and criminal proceedings pursuant to the impugned cognizance order be quashed.
[2024:RJ-JP:380]
[CRLMP-224/2023]
(3 of 3)
(SUDESH BANSAL), J
SOURAV/ NITIN /178
1 issue framed by the court
Whether the order of cognizance on a protest petition after a negative final report could be challenged directly under Section 482 CrPC instead of via Section 397 CrPC revision before the Sessions Cou
Colour shows how this judgement treated each authority
Sessions Judge, Sawai Madhopur Vs. Dashrath SinghRelied on¶3
[1996 3 RLW 613]
3 provisions across 2 enactments
Harisingh Lambora
Rajasthan Govt through Public Prosecutor, Rajasthan High Court, Jaipur
Sh. Rameshwar Yadav
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
