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
| 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
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
(1) In exercising revisional power, Sessions Court cannot quash cognizance and summoning order passed by Magistrate.(2) Plea of alibi of accused shall be examined only during trial at stage of defenc....
Magistrate was not bound by the final report submitted by the police after investigation. Once he has taken cognizance under Section 190(1)(a) Cr.P.C. he may have taken into consideration the evidenc....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
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