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2016 Supreme(Raj) 372

BANWARI LAL SHARMA
Sunita – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anoop Dhand
For the Respondent: Mr. Jitendra Shrimali, Mr. K.K. Mathur

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves a criminal revision petition filed by the petitioner-complainant against an order passed by the Sessions Judge in a criminal revision proceeding (!) (!) .
  • The core issue pertains to the maintainability of a revision petition against an interlocutory order, specifically an order under Section 311 of the Criminal Procedure Code (Cr.P.C.) which deals with the recall of witnesses for cross-examination (!) (!) .
  • The petitioner contends that the order under Section 311 Cr.P.C. is interlocutory, and therefore, the revision against such an order is not maintainable under the relevant statutory provisions (!) (!) .
  • The respondents and their counsel support the impugned order, arguing that it was passed to meet the ends of justice and that the revision petition should be dismissed (!) .
  • The court considered legal principles, noting that orders under Section 311 Cr.P.C. are interlocutory in nature, and such orders are barred from revision under the specific provisions of the law (!) (!) .
  • The court observed that the revision petition was exercised beyond its jurisdiction because it attempted to challenge an interlocutory order, which is prohibited by law (!) .
  • Consequently, the court found that the revision petition was not maintainable and that the impugned order, to the extent it reversed the earlier decision regarding the application under Section 311, was liable to be quashed and set aside (!) .

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JUDGMENT :

Banwari Lal Sharma, J.

Though the matter is listed on the application filed by the respondents no. 2 to 4 for vacating the interim stay order dated 6.8.2015 but with the consent of learned counsel for the petitioner as well as learned counsel for the respondent accused and learned PP the matter is being heard finally.

2. The present misc. petition has been preferred by the petitioner u/S. 482 Cr.RC. by the petitioner-complainant against the impugned order dated 10.7.2015 passed by learned Sessions Judge, Sikar, in criminal revision petition no. 104/2015 by which learned Sessions Judge partly allowed the revision and quashed the order to the extent for refusing for cross examination PW-1 Smt. Sunita on application of respondents no. 2 to 4 accused persons and allowed the application subject to payment of cost of Rs. 5,000/- to be deposited with District Legal Services Authority, Sikar.

3. The brief facts of the case are that a criminal case is pending against respondents no.2 to 4 for the offence u/Ss. 498A and 406 IPC before learned CJM, Sikar wherein application was filed by the (respondents no. 2 to 4 accused on 22.7.2014 u/S. 311 Cr.P.C. and prayed that PW-1 Sunita may be















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