Dismissed

Kalpana Verma D/O Shri Radhey B/C Jatav v. State of Rajasthan

Rajasthan HC16 Apr 2024CRLR/120/2020

Case brief

AI extract

What is this about?

Victim challenged the Magistrate's acceptance of a negative final report and rejection of her protest petition by filing a revision petition straightway in the High Court, bypassing the Sessions Court. The Court held the petition not maintainable and dismissed it with liberty to move the Sessions Judge under Section 397 CrPC.

What the court decided

AI extract

Kalpana Verma D/O Shri Radhey B/C Jatav Vs State of… — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:17774]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 120/2020

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Kalpana Verma D/o Shri Radhey, C/o Ravi Kishore Jerwal R/o Laxmi Vilas, Murlipura Karauli.

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----Victim/Petitioner

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Versus

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State of Rajasthan, Through P.P.

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Radheyshyam S/o Chidaram, R/o Sunder Colony, Lahari Gali, Nihalganj Dholpur Distt. Dholpur.

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----Respondents

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For Petitioner(s) : Mr. Ritesh Kumawat, Adv. for Mr. Abdul Rahim Khan, Adv. For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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16/04/2024

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Aggrieved by the order dated 03.09.2019, the instant criminal revision petition has been filed before this Court.

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By passing the impugned order dated 03.09.2019, the police has submitted negative final report in the FIR lodged by the complainant. The learned Magistrate vide impugned order dated 03.09.2019 has accepted the negative final report and rejected the protest petition.

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The impugned order dated 03.09.2019 is revisable under Section 397 CrPC against which, the petition is liable to be filed before the Court of Sessions Judge first, but by passing the jurisdiction of the Court of Sessions Judge, the instant criminal revision petition has been filed straightway before this Court.

[2024:RJ-JP:17774]

[CRLR-120/2020]

(2 of 2)

This criminal revision petitioner is not maintainable before this Court and the same is dismissed on this count alone granting liberty to the petitioner to file an application under Section 397 CrPC before the Court of Sessions Judge. In case, such application is submitted by the petitioner before the Court of Sessions Judge within a period of one month from today, then the learned Sessions Judge is expected to hear and decide the same expeditiously as early as possible, ignoring the period of limitation. 5. All application(s) (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

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MR/34

Kalpana Verma D/O Shri Radhey B/C Jatav v. State of Rajasthan

Case brief

What is this about?

What the court decided

Kalpana Verma D/O Shri Radhey B/C Jatav v. State of Rajasthan

Case brief

What is this about?

What the court decided

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