The High Court of Rajasthan dismissed a Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. against an order where the revisional court quashed the trial court's decision to take cognizance against the respondent under Sections 323, 324, 341, 452 and 34 IPC.
The Criminal Miscellaneous Petition was dismissed.
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.
[2024:RJ-JP:44344]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2633/2022
Babulal Son Of Shri Parbhati, Resident Of Village Nangla Seetaram, Tehsil Kathumar, District Alwar (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Aatish Jain, Adv. For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. GA
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
22/10/2024
This Criminal Miscellaneous Petition has been filed under Section 482 Cr.P.C. against the order dated 19.02.2022 passed by Additional Sessions Judge, Kathumar, District Alwar in Criminal Revision Petition No.04/2022, whereby revisional court set aside the order dated 06.08.2021 passed by Judicial Magistrate, Kathumar, District Alwar in Criminal Case No.465/2016, by which the trial court took cognizance against the respondent No.2Kamalchand (for short ‘the respondent No.2) for the offence under Sections 323, 324, 341, 452 and 34 IPC.
Learned counsel for the petitioner submits that the petitioner filed an application under Section 319 Cr.P.C. before the trial court. Trial court vide order dated 06.08.2021 took cognizance against the respondent No.2 for the offence under Sections 323, 324, 341, 452 and 34 IPC. Respondent No.2 challenged the said order by way of revison. The revisional court vide its order dated
[2024:RJ-JP:44344]
[CRLMP-2633/2022]
(2 of 2)
19.02.2022 set aside the order dated 06.08.2021 passed by the trial court qua resondent No.2. Learned counsel for the petitioner also submits that petitioner adduced the enough evidence before the trial court for taking cognizance against the respondent No.2 and for this reason, trial court took cognizance against him, but revisional court without assigning any cogent reason, set aside the order passed by the trial court qua the respondent No.2. Learned counsel for the petitioner also submits that trial court had decided the case and granted benefit of probation to the other co-accused. The petitioner has filed revision against the said order.
Learned counsel for the petitioner has placed reliance upon the judgment of Hon’ble Apex Court in the case of Shashikant Singh Vs. Tarkeshwar Singh & Anr. reported in AIR 2002 SC 2031 .
I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned orders.
While allowing the revision petition, revisional court mentioned that the power under Section 319 Cr.P.C. should not be exercised lightly and in a casual manner and strong and cogent evidence requires for taking cognizance. In the present case, medical jurist PW5-Dr. Lokesh in his cross-examination admitted that there are chances of self inflicted injuries. So, in my considered opinion, revisional court had not committed any error in allowing the revision filed by the respondent No.2. So, present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
(NARENDRA SINGH DHADDHA),J
Jatin /276
2 issues framed by the court
Whether the order of the revisional court setting aside the trial court's order under Section 319 Cr.P.C. is sustainable.
Whether the revisional court committed an error in not taking cognizance against the respondent due to lack of cogent evidence.
Colour shows how this judgement treated each authority
Shashikant Singh Versus Tarkeshwar Singh & Anr.Relied on¶19
Shashikant Singh Vs. Tarkeshwar Singh & Anr. AIR 2002 SC 2031 · Who else cites this
2 provisions across 1 enactments
Babulal Son Of Shri Parbhati
State Of Rajasthan
Kamalchand Son Of Shri Harchand
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
