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2009 Supreme(Raj) 371

[Citation : 2009(4) RLW 2799 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Sanni Deol & Anr. Vs. State of Rajasthan (Sharma, J.)
HON'BLE MAHESH CHANDRA SHARMA, J.
Sanni Deol & Anr.
Versus
State of Rajasthan
S.B. Criminal Revision Petition No. 249 & 477 of 1998, decided on 05.03.2009

Advocates Appeared
A.K. Gupta, for Petitioners in Revision No. 249 of 1998;
Ashok Gaur, for Petitioner in Revision No. 477 of 1998;
Piyush Kumar, Public Prosecutor, for State

Headnote:Cr.P.C., 1973, Sec. 190, 115 & 397; Railways Act, 1989, Secs. 141, 145, 146 & 147 — Order of taking cognizance — Application for setting aside — Application for exemption from personal attendance have not signed by accused-petitioners and only signed by their counsel — In such circumstances application for recalling cognizance order rightly rejected by ACJM — Several apportunities given to petitioners for appearance but they failed to appear — Non-bailable warrants rightly issued by ACJM — At the stage of taking cognizance, Court has to see prima facie whether case is made out or not — Order of taking cognizance is justified as per law — Orders at this stage cannot be interfered with in revisional powers — Direction issued to appear before ACJM within 30 days — Warrants issued against the accused-petitioners will remain stayed till 30 days. (Paras 8, 9 & 10)

       Petitions dismissed.

        na-iz-la-] 1973] /kkjk 190] 115 o 397( jsYos vf/kfu;e] 1989] /kkjk 141] 145] 146 ,oa 147 & izlaKku ysus dk vknsk & vikLr djus gsrq vkosnu & O;fDrxr mifLFkfr ls NwV gsrq vkosnu vfHk;qDr-izkfFkZ;ksa }kjk gLrk{kfjr ugha vkSj flQZ muds vf/koDrk }kjk gLrk{kfjr gS & ,slh ifjfLFkfr;ksa esa vfrfjDr eq[; U;kf;d eftLVªsV }kjk izlaKku vknsk dks iqu% okil eaxkus gsrq vkosnu lgh [kkfjt fd;k x;k & izkfFkZ;ksa dks mifLFkfr gsrq vusd volj fn;s x;s ysfdu os yksx mifLFkr gksus esa vlQy jgs & vfrfjDr eq[; U;kf;d eftLVªsV }kjk xSj-tekurh okajV lgh tkjh fd;k x;k & izlaKku ysus ds Lrj esa U;k;ky; izFke n`"V;k ns[krk gS fd ekeyk curk gS ;k ugha & izlaKku ysus dk vknsk dkuqu ds vuqlkj iw.kZr% U;k;ksfpr gS & iqujh{k.k dh kfDr;ksa esa bl Lrj esa vknsk ds lkFk gLr{ksi ugha fd;k tk ldrk & 30 fnu ds Hkhrj vfrfjDr eq[; U;kf;d eftLVªsV ds le{k mifLFkr gksus dk funsZk tkjh fd;k & vfHk;qDr-izkfFkZ;ksa ds fo:) tkjh okjaV 30 fnu rd LFkfxr jgsaxsA ¼in la[;k 8] 9 o 10½

       ;kfpdk;sa [kkfjt dhA

JUDGMENT

Hon'ble SHARMA, J.— The petitioners Sanni Deol and Miss Karishma Kapoor have filed S.B. Criminal Revision Petition No. 249 of 1998 against the order dated Feb. 13, 1998 of the Additional Chief Judicial Magistrate (Railway) Jaipur City, Jaipur dismissing the application for setting aside the order of cognizance dated June 18, 1997 in case No. 1285 of 1997 under Sections 141, 145, 146 and 147 of the Railways Act in FIR No. 9 of 1997 of Police Station GRP Phulera distt. Ajmer under Section 141 of Railways Act and in F.R. No. 4 of 1997 and petitioner Satish Shah has filed S.B. Criminal Revision Petition No. 477 of 1998 against the order dated June 18, 1997 of Additional Chief Judicial Magistrate (Railway) Jaipur City, Jaipur for taking cognizance against the petitioner in Case No. 1285 of 1997 under Sections 141, 145, 146 and 147 of the Railways Act in FIR No. 9 of the 1997 of Police Station GRP Phulera Distt. Ajmer under Sec. 141 of Railways Act and in F.R. No. 4 of 1997. As both these revision petitions relate to Case No. 1285 of 1997 of Additional Chief Judicial Magistrate (Railways) Jaipur, they are being disposed by this common order.

2. As the facts are common, facts of S.B. Criminal Revision Petition No. 477 of 1998 are taken into consideration. The facts in brief are that the petitioners are Film Artists of Film 'Bajrang' and the shooting of this Film took place in village Sanvarda. The Director of the Film wanted to filmised one scene when Train No. 2413 A Up Link Express was going to stop as scheduled at Railway Station Narena. When the train was stopped then the crowd was collected and the crowd did not allow the train to leave the platform. Sita Ram Malakar, Assistant Station Master Railway Station Narena lodged report at Police Station GRP Phulera District Ajmer on 11.3.1997 at 2.15 P.M. as under:

^^Qksu eSlst fnukad 11-3-97 le; 14 Hrs. vks ls SS ujsuk lsok esa SHO GRP Qysjk No. Dy/97/3/I/II xkM+h ua- 2413 A Up fyad ,Dlizsl dks ujsuk LVs- ij fQYe m|ksx cEcbZ ds deZpkfj;ksa tks fd lkojnk xkao esa dk;Z dj jgs gSa] }kjk psu iqfyax dj xkM+h dks 25 feuV jksdh xbZ gSA ;g vkidh vko';d dk;Zokgh gsrq izsf"kr gSA }kjk lhrkjke ekykdkj --- vku M~;wVh ujsukA**

Thereafter the police registeed case under Section 141 of the Railwatys Act, 1989 (in short Railway Act). After investigation the Police submitted final report on May 31, 1997. On June 18, 1997, the Additional Chief Judicial Magistrate (Railways) Jaipur took cognizance against the accused petitioners and one Tinu Verma under Sections 141, 145, 146 and 147 Railway Act. The trial court after taking cognizance issued bailable warrants. Thereafter the trial court converted the bailable warrants into non-bailable warrants. Except accused petitioners Sanni Deol and Karishma Kapoor and co-accused Tinu Verma, accused petitioner Satish Shah appeared before the Court and enlarged on bail. On Feb. 10,1998, the petitioners Sanni Deol and Karishma Kapoor moved an application signed by Shri Arun Shekhawat, Advocate for recalling the order of cognizance dated June 18, 1997 and simultaneously also filed an application for exemption from personal attendance on the ground that petitioner Sanni Deol is out of India in connection with shooting of a Film and the accused petitioner Karishma Kapoor is ill, till next date. The Additional Chief Judicial Magistrate (Railway) Jaipur after hearing arguments on behalf of the accused petitioners Sanni Deol and Karishma Kapoor by a detailed order dated Feb. 13, 1998 rejected the application of the accused petitioners for recalling the order of taking cognizance and the application for exemption from personal attendance and also directed for issuing non-bailable warrants against them. Against this order dated Feb. 13, 1998, S.B. Criminal Revision Petition No. 249 of 1998 was filed by Sanni Deol and Karishma Kapoor before this Court on March 7, 1998. This Court vide order dated March 10, 1998 stayed the execution of order dated Feb. 13, 1998 passed b























































































































































































































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