Dharam Singh Gurjar vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1884

CHANDRA KUMAR SONGARA
Dharam Singh Gurjar – Appellant
Versus
State of Rajasthan – Respondent

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.

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

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