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2023 Supreme(Raj) 1884

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Chandra Kumar Songara, J.
Dharam Singh Gurjar - Petitioner
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous (Petition) No. 1411 of 2015
Decided On : 17-05-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. S.L. Sharma, Advocate.
For the Respondent:Mr. Mahendra Meena, Public Prosecutor, Mr. Poonam Chand Sharma, Advocate for the Complainant.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Revisional powers - The High Court exercises its power under Section 482 to prevent abuse of process and secure ends of justice - Impugned order remanding matters to trial court set aside. (Paras 10-12)

(B) Legal Principles - Courts must respect the final report of police and prior dismissal of similar complaints; reiterating that revisional courts should not interfere lightly with trial court findings unless there's a palpable error. (Paras 6-9)

Facts of the case:
The complainant submitted a complaint in 2007 regarding an alleged offence under Section 420 IPC, leading to the registration of an FIR. The trial court initially dismissed the complaint, prompting a series of revision petitions which culminated in the present petitioner challenging the revisional court's order to remand the case.

Findings of Court:
The trial court's detailed order found no grounds for cognizance of the offence; hence, the High Court quashed the revisional court's order as perverse and upheld the trial court's initial decision.

Issues: The main issues were whether the trial court's dismissal of the application for cognizance was appropriate given the negative findings in the final report and the merits of a similar earlier complaint.

Ratio Decidendi: The court concluded that revisional courts must refrain from disturbing trial court decisions unless clear errors are identified, emphasizing the importance of previous police findings.

Result: Petition allowed; the order of the Revisional Court is quashed, and the trial court's order upheld.

Table of Content
1. factual background about the case initiation. (Para 1 , 2)
2. arguments regarding the validity of the revisional court's order. (Para 3 , 4)
3. court's reasoning on the implications of prior final reports. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. final resolution of the case. (Para 12)

ORDER :

Chandra Kumar Songara, J.

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioner against the order dated 11.02.2015 passed by the Court of Additional Sessions Judge, Bandikui, District Dausa (hereinafter referred to as 'the Revisional Court'), in Criminal Revision Petition No.60/2011, whereby while allowing the revision petition filed by the complainant-respondent No.2, the case was remanded back to the trial Court to pass afresh order, and the order dated 19.10.2011 passed by the Court of Judicial Magistrate, 1st Class, Sikrai, District Dausa (hereinafter referred to as 'the trial Court'), dismissing the application filed by complainant-respondent No.2 for taking cognizance & accepting the Final Report, was set aside.

2. Relevant facts, in brief, of the present case are that the complainant-respondent No.2, namely Harinarayan submitted a complaint on 28.07.2007 before the Court of learned Judicial Magistrate, Sikrai, District Dausa, which was forwarded to Police Station, Manpur under Section 156 (3) of Cr.P.C. for investigation. Thereupon, an F.I.R. No.265/2007 was registered at Police Station Manpur for offence punishable under Section 420 of I.P.C. Prior to filing of above said complaint, complainant-respondent No.2 filed a complaint on 12.02.2007 on the same facts, which was dismissed as not pressed. In F.I.R. bearing No.265/2007, a Final Report was submitted in the Court of learned Judicial Magistrate, Sikrai. On 19.10.2011, learned Judicial Magistrate, Sikrai passed a detailed order, accepted the Final Report & rejected the application of the complainant-respondent No.2 for taking cognizance. Being aggrieved by the order dated 19.10.2011, the complainant-respondent No.2 filed a Revision Petition, which has been allowed by the Revisional Court, vide its order dated 29.01.2014, against which the present petitioner has filed a Revision Petition before the Hon'ble Rajasthan High Court. Vide its order dated 22.04.2014 the Hon'ble Rajasthan High Court has quashed & set aside the order dated 29.01.2014 and remanded the matter back to the Additional District & Sessions Judge, Bandikui, District Dausa. After the order dated 22.04.2014 of Hon'ble Rajasthan High Court, the matter was heard by Additional District & Sessions Judge again on same findings. Vide its order dated 11.02.2015, the said Court allowed the revision petition filed by complainant-respondent No.2, while setting-aside the order dated 19.10.2011. Hence, this petition.

3. Contentions of learned counsel appearing for the accused-petitioner are that the impugned order dated 11.02.2015 passed by the learned Revisional Court below is perverse and against the well settled principles of law. Learned Revisional Court has failed to appreciate the fact that earlier also, Police had submitted a Final Report before learned Magistrate, which was sent for further investigation and after that, Police again submitted a Final Report. Earlier, the complainant has filed the complaint before the learned Judicial Magistrate on the same facts, as mentioned in the second complaint. Hence, it is prayed that the present petition may be allowed and the order dated 11.02.2015 passed by the learned Revisional Court be quashed & set aside, and the order dated 19.10.2011 passed by the learned trial Court, be upheld.

4. Per contra, learned Public Prosecutor appearing for the State and learned counsel appearing for the complainant-respondent No.2, have opposed the petition.

5. Heard learned counsel appearing for the parties. Perused the material made available on record.

6. While dismissing the application filed by the complainant f

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