Dismissed

Rita Soni @ Rekha v. State and Ors.

Rajasthan HC20 Apr 2024CRLR/69/2018

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan, Jodhpur dismissed a criminal revision petition challenging an order dated 02.05.2017. The Court held that the lower Court of Session lacked original jurisdiction under Section 193 Cr.P.C. as the case was not committed to it by a Magistrate.

What did the court decide?

The instant miscellaneous criminal revision petition and the stay petition were dismissed.

Rita Soni @ Rekha Vs State and Ors. — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:17208]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 69/2018

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For Petitioner(s) : None present For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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20/04/2024

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None present for the petitioner.

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The petition is pending before this Court since 2018. A challenge has been made to the order dated 02.05.2017 passed by the Sessions Judge, Hamuangarh in a misc. complaint. A complaint came to be submitted on behalf of the petitioner for alleged unlawful action of Minakshi Bhidasara on 22.04.2017 with the prayer for initiating suitable actions against her. Initially the complaint got submitted before the Circle Officer, Hanumangarh and whereafter in the Court of ACJM, Hanumangarh. The application under Section 193 Cr.P.C. preferred in the Court of Sessions Judge, Hanumangarh for taking action against the APP. Section 193 Cr.P.C. reads as:-

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“Cognizance of offences by Courts of Session. - Except as otherwise

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expressly provided by this Code or by any other law for the time being

[2024:RJ-JD:17208]

[CRLR-69/2018]

(2 of 2)

in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.”

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Under Section 193 Cr.P.C., a Court of Session is prohibited from taking cognizance of any offence as a Court of Original Jurisdiction unless the matter is committed to it by a Magistrate under Section 209 of Cr.P.C. Admittedly, neither the sessions Judge, was having original jurisdiction to entertain the application or nor any trial was pending before him and as well as the case was not committed to it therefore the application under Section 193 was filed under misconception and as such there is no force in the petition and the same deserves to be dismissed.

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Accordingly, the instant misc petition is dismissed. Stay petition also stand dismissed.

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(FARJAND ALI),J

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297-Samvedana/-

Rita Soni @ Rekha v. State and Ors.

Case brief

What is this about?

What did the court decide?

Rita Soni @ Rekha v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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