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2023 Supreme(Raj) 548

MANOJ KUMAR GARG
Satyanarayan S/o Debi Lal Kandara – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sudhir Saruparia.
For the Respondents: Mahipal Bishnoi, Chetan Prakash Marwan.

ORDER :

1. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 04.08.2022 passed by learned Additional Sessions Judge No. 3, Bhilwara, Camp-Mandalgarh, District Bhilwara in Criminal Revision Petition No. 36/2018 whereby the learned Judge dismissed the revision petition and affirmed the order dated 02.01.2018, passed by learned Judicial Magistrate (First Class), Bijoliya, District Bhilwara by which the learned Magistrate framed charges for the offences under Sections 452, 379, 427 of IPC against the petitioners.

2. Learned counsel for the petitioners submits that as per the documents available on record, the petitioners were having possession over the land and also a Patta was issued in their favour. In these circumstances, offences under Section 452 IPC does not fulfill in the present case, but both the Courts below have erred in law in framing the charge for the offence under Section 452 of IPC against the petitioners without considering the documentary evidences in right manner. Counsel further submits that similarly offence under Section 379 of IPC is also not made out against the petitioners, therefore, the charge for off

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