Dismissed¶24

Mukesh S/O Jaitram, v. State of Rajasthan

Rajasthan HC7 Jan 2025CRLMP/7530/2024

Case brief

AI extract

What is this about?

Alternative remedy / maintainability — petition under Section 528 BNSS not maintainable where cognizance order under Section 319 Cr.P.C. is revisable under Section 397 Cr.P.C. before Sessions — liberty to file revision within one month, limitation ignored — Judicial Magistrate, Khandela, Sikar — CRLMP 7530/2024 — Anoop Kumar Dhand, J.

What did the court decide?

Petition dismissed as not maintainable on the ground of alternative remedy, with liberty to file a statutory revision petition under Section 397 Cr.P.C. before the Court of Sessions within one month, the limitation period to be ignored by the Revisional Court; stay application and pending applications disposed of. ¶24

Mukesh S/O Jaitram, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether a petition under Section 528 BNSS challenging an order taking cognizance is maintainable when the impugned order is revisable under Section 397 Cr.P.C. before the Court of Sessions and the petitioners have not availed that alternative remedy.

¶23

Court's answer

Since the petitioners have the alternative remedy of filing a criminal revision petition under Section 397 Cr.P.C. against the order of taking cognizance, the present petition under Section 528 BNSS is not maintainable and is dismissed on that count alone.

¶24

Ratio / Principle

Liberty is granted to file a statutory revision petition under Section 397 Cr.P.C. before the Court of Sessions; if submitted within one month, the Revisional Court is expected to hear and decide it after affording due opportunity of hearing to the other side, ignoring the period of limitation, strictly in accordance with law.

¶25

Key takeaways

The stay application and all pending applications, if any, stand disposed of.ratio¶26

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition (S.B. CRLMP No. 7530/2024, Rajasthan HC, Jaipur Bench, Anoop Kumar Dhand, J.) — Challenge to Magistrate's order dated 18.04.2024 allowing respondent's application under Section 319 Cr.P.C. and taking cognizance against petitioners — Held: order of taking cognizance is revisable under Section 397 Cr.P.C. before the Court of Sessions; petition under Section 528 BNSS filed without availing that alternative remedy and bypassing the Revisional Court is not maintainable — Petition dismissed on maintainability alone with liberty to file statutory revision before the Sessions Court within one month, Revisional Court expected to ignore limitation and decide after hearing both sides — Stay application and pending applications disposed of.

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 7530/2024

¶3

Mukesh S/o Jaitram, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶4

Jaiprakash S/o Jhabar, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶5

Rajendra S/o Prabhudayal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶6

Raju D/o Jhabarmal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶7

Sushila D/o Jhabar, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶8

Mukesh D/o Prabhudayal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶9

----Petitioners

¶10

Versus

¶11

State Of Rajasthan, Through P.P.

¶12

Jugal Kishore S/o Siyaram, R/o Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan).

¶13

----Respondents

¶14

For Petitioner(s) For Respondent(s)

¶15

: Mr. Sultan Singh Kuri : Mr. Jitendra Singh Rathore, PP

¶16

JUSTICE ANOOP KUMAR DHAND

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Order

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07/01/2025

¶19

By way of filing of this petition, a challenge has been led to the impugned order dated 18.04.2024 passed by the Judicial Magistrate, Khandela, District Sikar, by which the

¶20

[CRLMP-7530/2024]

¶21

(2 of 2)

¶22

application filed by the respondent under Section 319 Cr.P.C. has been allowed and cognizance has been taken against the petitioners.

¶23

Admittedly, the order of taking cognizance is revisable, against which a revision petition under Section 397 Cr.P.C. is maintainable before the Court of Sessions, but without availing said remedy and bypassing the jurisdiction of the Revisional Court, this petition has been filed under Section 528 BNSS.

¶24

In the considered opinion of this Court, when the petitioner has alternative remedy of filing Criminal Revision Petition under Section 397 Cr.P.C., this petition is not maintainable and the same is dismissed on this count alone, granting liberty to the petitioner to file a statutory revision petition under Section 397 Cr.P.C. before the Court of Sessions.

¶25

In case, such revision petition is submitted by the petitioner within a period of one month from today, it is expected from the Revisional Court to hear and decide the same after affording due opportunity of hearing to other side, ignoring the period of limitation, strictly in accordance with law.

¶26

The stay application and all pending applications, if any, stand disposed of.

¶27

(ANOOP KUMAR DHAND),J

¶28

KuD/133

Mukesh S/O Jaitram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh S/O Jaitram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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