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2013 Supreme(Raj) 951

SANDEEP MEHTA
Kuldeep Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Rakesh Matoria, Advocate.
For the State: Anil Upadhyay, P.P.
For the Respondent:V.K. Bhadu, Advocate.

JUDGMENT

1. - The instant revision has been filed by the petitioner challenging the order dated 9.2.2010 passed by the learned Additional Sessions Judge, Sangaria in revision, whereby the revisional court quashed the order dated 3.10.2007 passed by learned Additional Chief Judicial Magistrate, Sangaria taking cognizance against the respondents Nos. 2 to 6 for the offences under Sections 147, 341, 323 read with Section 149 of the I.P.C.

2. Learned counsel for the petitioner submits that the revisional court has gone beyond the scope of its jurisdiction and has without any justification quashed the order taking cognizance passed by the learned Magistrate. He submits that the view expressed by the revisional court is totally in contravention to the law laid down by the Hon'ble Apex Court in the case of Jagdish Ram v. State of Rajasthan, reported in 2004(1) WLC (SC) Cri. 545 : AIR 2004 SC 1734 . He thus prays that the revision deserves to be accepted and the order passed by the learned Revisional Court be quashed and that passed by the learned Magistrate be restored.

3. Per contra, Shri V.K. Bhadu learned counsel for the respondents Nos. 2 to 6 has vehemently opposed the submissions of








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