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2022 Supreme(Raj) 1063
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Nahar Singh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Revision Petition No. 324 of 2021
Decided On : 12-05-2022
Mr. Prithvi Raj Singh Balot, for the Appellant
Mr. Mukhtiyar Khan, PP, Mr. Pravin Vyas, for the Respondent.
The court has the authority to quash orders and direct non-petitioners to face trial based on the allegations in the FIR.
Headnote:
Preponement - Criminal Revision Petition - The court allowed the preponement of the hearing date for the criminal revision petition based on the reasons stated in the application. The matter was heard finally with the consent of the parties.
Fact of the Case:
The petitioner filed a criminal revision petition seeking to quash an order passed by the Session Judge in a case involving offenses under various sections of the Indian Penal Code. The FIR alleged that the petitioner's son was beaten to death at a liquor shop by several individuals.
Finding of the Court:
The court allowed the criminal revision petition and quashed the order dated 25.02.2021 passed by the Session Judge. It also ordered the non-petitioners to appear before the trial court and face trial.
Issues: The issues involved the quashing of the order passed by the Session Judge and the direction for the non-petitioners to appear before the trial court.
Ratio Decidendi: The court found that there were grounds to quash the order and directed the non-petitioners to face trial based on the allegations in the FIR.
Final Decision: The criminal revision petition was allowed, and the order passed by the Session Judge was quashed. The non-petitioners were directed to appear before the trial court and face trial.
ORDER
1. The matter comes up on an application (IA No.01/22) for preponement of the date.
2. For the reasons stated in the application, the same is allowed.
3. With the consent of learned counsel for the parties, the matter has been heard finally.
4. This criminal revision petition has been preferred claiming the following reliefs:
'1. That your lordship kindly allow this revision petition of the present petitioner and quash the order dated 25.02.2021 passed by Session Judge, Pali in Sessions Case No.132/2020 State vs Heer Singh & ors., FIR no.148/2020, P.S. Sadar Pali, District Pali. Offences u/s 147, 148, 302, 120B IPC.
2. That the Hon'ble Court shall take the cognizance against the non-petitioner no.2 & 3 and shall order to non-petitioner no.2 & 3 to appear before learned trial court & face trial.
3. That any other relief may kindly be award to the Petitioner accordingly to Law.'
5. Learned counsel for the petitioner submits that in the FIR, which was lodged on 09.08.2000 by the father of the deceased, it was alleged that he has received an information that his son Raju Singh along with Jeevan Singh and Mangu Singh were guarding the crops at night whereas in the morning, he was informed that at the liquor shop his son has been beaten to death. The complainant also reported that his son was accompanied by Jeevan Singh and as per Jeevan Singh, one Chain Singh, Bhoor Singh @ Bhupendra Singh, Dheer Singh, Arjun Singh and two other persons have caused the beating, which resulted into the death of the complainant's son Raju Singh.
