In a criminal revision petition, the Rajasthan High Court dismissed the challenge to an order accepting a police Final Report under Sections 406 and 420 IPC, finding no infirmity or perversity.
The present criminal revision petition and all pending applications are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:11659]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 658/2007
Roberto Della Valle s/o Mr. Armando, resident of Nobetil (World Trade Centre)Dubai, U.A.E.
----Petitioner
Versus
Both residents of Samurai Farm, Opp. Bhankrota Multipurpose Station (Petrol Pump), Bhankrota, Ajmer Road, Jaipur
----Respondent
| For Petitioner(s) | : | Mr. Hakam Ali for |
|---|---|---|
| Mr. ShubhangSharma | ||
| For Respondent(s) | : | Mr. S. S. Mahala-PP |
| Mr. Rinesh Gupta |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
06/03/2024
The present criminal revision petition is preferred against the order dated 25.09.2006 passed by learned Additional Chief Judicial Magistrate No.2, Jaipur District Jaipur whereby, FR No.3106 submitted by the Police Station Bagru, District Jaipur in FIR No.473/2005 under Sections 406 and 420 of IPC was accepted. Learned counsel for the petitioner submits that the learned Court below has committed an illegality while accepting the FR without affording any opportunity of hearing to the petitioner. Learned Magistrate erroneously believed on the report submitted by the Police with regard to the service of notices issued. No notices were served upon the petitioner. Police, in collusion with
[2024:RJ-JP:11659]
[CRLR-658/2007]
(2 of 2)
the accused, submitted the negative final report in the said FIR. Therefore, the impugned order dated 25.09.2006 passed by learned Additional Chief Judicial Magistrate No.2, Jaipur District Jaipur may be set aside.
Learned Public Prosecutor as well as learned counsel for the respondent No.2 and 3 justify the order passed by the learned Court below.
It is apparent from the impugned order that notices were served upon the petitioner and petitioner did not turn up and on 25.09.2006, the learned Court below after perusing the negative final report, accepted the same. The matter pertains to the year 2005 and police after going thorough investigation, did not find offences under Sections 406 and 420 of the IPC.
In view of the above, I do not find any infirmity or perversity in the said order.
Hence, the present criminal revision petition is dismissed. All pending applications, if any, also stand dismissed.
(PRAVEER BHATNAGAR),J
29-Rahul Joshi
1 issue framed by the court
Whether the Additional Chief Judicial Magistrate erred in accepting a negative final report without affording a hearing to the petitioner.
1 provisions across 1 enactments
Roberto Della Valle
State of Rajasthan
Tarun Goyal
Arun Goyal
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
