Dismissed

Upendra Nath Sharma S/O Sh. Madan Mohan Sharma v. Tirlok Chand Sharma

Rajasthan HC20 Apr 2024CRLR/1261/2018

Case brief

AI extract

What is this about?

The High Court held that the petitioner filed a regular criminal appeal which was not maintainable under Section 378(4) Cr.P.C requiring leave. The petition was dismissed without prejudice to the petitioner right to file for leave.

What did the court decide?

Petition dismissed with liberty to file criminal leave to appeal under Section 378(4) Cr.P.C to avail benefit of Section 14 Limitation Act.

Upendra Nath Sharma S/O Sh. Madan Mohan… — Civil Procedure and Limitation | Rajasthan HC (2024)

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17HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 1261/2018

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Upendra Nath Sharma S/o Sh. Madan Mohan Sharma, Aged About 66 Years, R/o Man Singh Circle, Bharatpur Police Station Mathuragate Bharatpur (Raj.)

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----Petitioner

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Versus

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Tirlok Chand Sharma, (Unpaid) Electricity Worker Sahkari Samiti Ltd. Bharatpur Registered Office Behind City Hospital, Budh Ki Hat, Bharatpur (Raj.)

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Electricity Worker Sahkari Samiti Ltd., Through President Registered Office Behind City Hospital, Budh Ki Hat , Bharatpur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Surendra Singh Shekhawat For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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20/04/2024

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Aggrieved by the judgment dated 09.06.2017, passed by Judicial Magistrate, Bharatpur in Criminal Complaint Case No.12/17 (953/15) the instant criminal petition has been filed by the petitioner.

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The complaint filed by the petitioner against the respondent under Section 138 Cr.P.C was rejected by the Court of Judicial Magistrate, Bharatpur, vide judgment dated 09.06.2017. The aforesaid judgment passed by the learned Magistrate is appealable under Section 378 (4) (I) Cr.P.C but instead of filing criminal leave to appeal under Section 378 (4) Cr.P.C the petitioner submitted a regular appeal before the Court of Special Judge, Dacoity affected

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[CRLR-1261/2018]

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(2 of 2)

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area, Bharatpur, however the same was also rejected vide judgment 01.05.2018.

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In the considered opinion of this Court the petitioner has availed wrong remedy of filing the regular criminal appeal before the Special Judge, Dacoity affected area, Bharatpur and in fact the said appeal is not maintainable before the regular Appellate Court and as per the mandate contained under Section 378 (4) Cr.P.C criminal leave to appeal is maintainable.

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In view of above, this petition stands dismissed on this count alone, with liberty to the petitioner to file criminal leave to appeal under Section 378 (4) Cr.P.C. The petitioner would be entitled to get benefit of Section 14 of the Limitation Act.

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Office is directed to return the certified copies of the impugned judgment and vakalatnama to the learned counsel for the appellant after retaining the photocopies of the same on the record.

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(ANOOP KUMAR DHAND),J

¶22

DIKSHA MISHRA /26

Upendra Nath Sharma S/O Sh. Madan Mohan Sharma v. Tirlok Chand Sharma

Case brief

What is this about?

What did the court decide?

Upendra Nath Sharma S/O Sh. Madan Mohan Sharma v. Tirlok Chand Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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