Dismissed

Ashok Kumar Sharma v. State of Rajasthan and Anr.

Rajasthan HC8 Feb 2024CRLMP/3436/2016

Case brief

AI extract

What is this about?

This Court dismissed two connected criminal miscellaneous petitions challenging orders dismissing revision petitions. The High Court found that courts below considered the matter on merits and held the petitions were barred as second criminal revisions.

What did the court decide?

Criminal miscellaneous petitions dismissed with a direction to send a copy of the order to the trial court.

Ashok Kumar Sharma Vs State of Rajasthan… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:6620]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3802/2016

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Karan Singh Rajawat, Present Child Development Pariyojna Officer, Bandikui, District Dausa Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan Through P.P.

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Rekha Devi D/o Jitendra Gurjar, R/o Nagwas, Tehsil Baswa, District Dausa Rajasthan.

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 3436/2016

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Ashok Kumar Sharma S/o Ramjilal Sharma R/o Gudliya, Tehsil Baswa, District Dausa (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan Through P.P.

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Rekha Devi D/o Jitendra Gurjar, R/o Nagwas, Tehsil Baswa, District Dausa Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/02/2024

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Instant criminal misc. petitions have been filed by petitioners, challenging the order dated 05.03.2016 passed by the Court of Additional Sessions Judge, Bandikui, District Dausa, dismissing revision petitions and affirming the order dated 26.04.2012 passed by the Court of Additional Chief Judicial Magistrate, Bandikui, District Dausa, taking cognizance for offences u/s. 468, 471, 120-B, 166, 167, 177 & 197 IPC against petitioners along with other persons.

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Heard counsel for petitioners and learned Pubic Prosecutor as also perused the record.

(2 of 2)

[2024:RJ-JP:6620]

[CRLMP-3802/2016]

From the record, it transpires that report was made by the complainant in respect of extending false certificate in favour of one Ms. Meena Devi to get the posting as Asha Sahoygini, whereas the complainant was selected for that post. In that report, the Police submitted negative final report, which was assailed by the complainant by protest petition. The trial Court after recording statements of complainant and witnesses disagreed with the negative final report and take cognizance for the alleged offences vide order dated 26.04.2012.

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Petitioners assailed the order dated 26.04.2012 by way of criminal revisions, which have been dismissed on merits vide order impugned dated 05.03.2016.

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Having perused the impugned orders so also the material available on record, this Court finds that Courts below have considered the case of petitioners on merits and found sufficient material on record, to take the cognizance for the alleged offence against petitioners and no ground is make out to interfere with th impugned order in exercise of inherent jurisdiction of the High Court u/s 482 Cr.PC. Otherwise also the instant petitions fall in the purview of second criminal revision, which is barred as per provision of Section 397(2) Cr.PC.

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For the afore-referred reasons, there is no force in present criminal misc. petitions and the same are hereby dismissed.

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All pending application(s), if any, stand disposed of.

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Registrar (Judicial) is directed to send a copy of this Order to the trial Court

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(SUDESH BANSAL),J

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Sachin/502-503

Ashok Kumar Sharma v. State of Rajasthan and Anr.

Case brief

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Ashok Kumar Sharma v. State of Rajasthan and Anr.

Case brief

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