Dismissed

Gulli Devi v. State of Rajasthan through Pp

Rajasthan HC20 Feb 2024CRLMP/5574/2014

Case brief

AI extract

What is this about?

Petitioner complained of assault. Revisional Court quashed Magistrate's cognizance order. High Court upheld revisional order under Section 482 Cr.P.C. absent jurisdictional error or miscarriage of justice and dismissed petition. No mention of cheque dishonour; cheese" was a typo in subject list

What did the court decide?

Petition dismissed; impugned order of Revisional Court affirmed.

Gulli Devi Vs State of Rajasthan through Pp — Cheque Dishonour | Rajasthan HC (2024)

¶1

[2024:RJ-JP:8804]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 5574/2014

¶4

Gulli Devi Wife Of Gopal, R/o Mansar Khedi, Tehsil Bassi, District Jaipur Raj.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan Through P.P.

¶8

Jagdish Son Of Mangi Lal, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶9

Ramavtar Son Of Mangi Lal, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶10

Smt. Shanti Devi Wife Of Jagdish, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶11

Smt. Sita Devi Wife Of Ramavtar, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶12

Banshi Son Of Jagdish, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶13

Mukesh Son Of Ramavtar, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶14

Shravan Son Of Jagdish, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶15

Mangi Lal Son Of Bhori Lal, R/o Village Mansar Khedi, Tehsil And District Bassi, District Jaipur Raj.

¶16

----Respondents

¶17

For Petitioner(s) : None Present For Respondent(s) : Mr. Chandragupt Chopra, PP

¶18

HON'BLE MR. JUSTICE SUDESH BANSAL Order

¶19

20/02/2024

¶20

No one has appeared on behalf of petitioner.

¶21

From perusal of record, it appears that petitionercomplainant made a complaint before the Judicial Magistrate that on 10.07.2013, when petitioner was ploughing her field, nonpetitioners came and assaulted her badly by kicks and fist, her golden chain was snatched. The complaint was sent for investigation under Section 156(3) Cr.P.C. whereupon FIR No.492/2013 was registered. After investigation, police found

[2024:RJ-JP:8804]

[CRLMP-5574/2014]

(2 of 3)

allegations in the complaint as false and substantiated by any evidence, hence, submitted negative final report. Thereagainst petitioner filed protest petition whereupon Judicial Magistrate proceeded to record statements of complainant and other witnesses under Section 200 and 202 Cr.P.C. The Judicial Magistrate took cognizance for offence under Section 341, 323 and 147 IPC vide order dated 31.10.2013. Non-petitioners challenged the order of cognizance dated 31.10.2013 by way of filing criminal revision petition No.58/2014 before the Special Judge, SC/ST (Prevention of Atrocities), Jaipur. In the criminal revision petition, the Revisional Court vide order dated 24.09.2014 quashed the cognizance order. Hence, the instant petition.

¶26

A perusal of order impugned dated 24.09.2014 passed by the Revisional Court, it appears that the Revisional Court did not find the order of cognizance passed by the Judicial Magistrate in accordance with law and after discussion that how and on what basis, offence under Section 341, 323 and 147 IPC is prima facie made out. On that count, the order of cognizance was quashed and matter was remanded to the Judicial Magistrate to pass a fresh order.

¶27

This Court, in exercise of its jurisdiction under Section 482 Cr.P.C., does not find any jurisdictional error in the impugned order dated 24.09.2014, which leads to miscarriage of justice with the petitioner-complainant. Therefore, this Court is not inclined to interfere with the impugned order.

¶28

As a result, the petition in devoid of merits and same is hereby dismissed.

[2024:RJ-JP:8804]

[CRLMP-5574/2014]

(3 of 3)

Stay application and other pending application(s), if any, stand disposed of.

¶33

Let copy of this order be sent to the trial Court.

¶34

(SUDESH BANSAL),J

¶35

NITIN /42

Gulli Devi v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Gulli Devi v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aash Mohammad Vs State of Rajasthan and Anr.

M/S Kanjior Infrastructure Pvt.Ltd Vs Vijit Hajarika Son of Shri Vasudev Hajarika

Smt. Chumaki Bai Prajapat D/O Shri Ramdhan Prajapat, Wife of Shri Narendra Kumar Meena, Vs State of Rajasthan

Smt. Moetya Devi W/O Shri Ram Swaroop Bairwa Vs State of Rajasthan

Rajesh Samota @ Raju Mota S/O Rameshwarlal Vs the State of Rajasthan

Hadman Lal Kumawat S/O Shri Kanaram Kumawat Vs State of Rajasthan