Single judge dismissed a S.B. Criminal Revision Petition challenging the trial court's dismissal of an application to alter charges. The High Court found no merit as the trial had commenced and evidence was recorded.
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[2024:RJ-JP:826]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 554/2021
Manoj Kumar Son Of Shri Purna Ram, Aged About 32 Years, Resident Of Narayan Ka Bas, Police Station Lakshmangarh, Sikar
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Dilip Singh for |
|---|---|---|
| Mr. SanjayKhedar | ||
| For Respondent(s) | : | Mr. Mahendra Meena, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
05/01/2024
By this criminal revision petition, the petitioner has challenged the impugned order dated 22.02.2021. Whereby, application of present petitioner under Section 216 of Cr.P.C. for altering the charges was dismissed.
Learned trial court vide order dated 22.02.2021, after considering the entire material available on record and taking into consideration the documents available on record prima facie opined that at the time of incident, the age of the prosecutrix was below eighteen years. Learned trial court has discussed the entire record regarding age of the prosecutrix and has passed considered order.
[2024:RJ-JP:826]
[CRLR-554/2021]
(2 of 2)
I do not find any merit in the present criminal revision petition. Further the status report obtained from the learned trial court shows that trial has already been commenced and trial court has recorded evidence of two witnesses.
Accordingly, the present criminal revision petition is devoid of any merit, hence, dismissed.
(PRAVEER BHATNAGAR),J
51-SURAJ KUMAR
2 issues framed by the court
Whether the present criminal revision petition challenging the dismissal of a Section 216 Cr.P.C. application for alteration of charges has any merit.
What is the appropriate disposition of the criminal revision petition given that the trial has commenced and evidence has been recorded.
MANOJ KUMAR
STATE OF RAJASTHAN
BANWARI LAL
PRAVEER BHATNAGAR
As recorded by the court registry
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