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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Mohanlal S/O Shri Jhabarmal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. cognizance taken against petitioners (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. false case lodged by the other side (Para 7 , 9) |
| 3. opposition to the petitioners' arguments (Para 8) |
| 4. cross cases lodged between parties (Para 10) |
| 5. only prima facie case required (Para 11) |
| 6. conditions for successive petitions (Para 12 , 13 , 14) |
| 7. criminal misc. petition dismissed (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
ORDER :
ANOOP KUMAR DHAND, J.
1. The instant criminal misc. petition has been preferred against the impugned order dated 25.06.2016 passed by the Additional Chief Judicial Magistrate, Lakshmangarh, District Sikar by which cognizance has been taken against the petitioners for the offences under Sections 452, 323 and 341/34 IPC.
2. Aggrieved by the aforesaid order, the petitioners submitted a criminal revision petition before the Court of Additional Sessions Judge, Lakshmangarh, District Sikar and the same was rejected vide order dated 18.09.2021 and the order of taking cognizance was upheld.
3. Feeling aggrieved and dissatisfied by both these orders, the petitioners approached this Court on earlier occasion by way of filing S.B. Criminal Misc. Petition No. 6655/2021, however th
At the cognizance stage, only a prima facie case is required, and the merits of the allegations should not be evaluated.
(1) Issuance of Process – Section 204 requires sufficient ground for proceeding against the accused, which would mean the Court has to examine existence of sufficient grounds to proceed against the a....
A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.
Judicial proceedings involving allegations of cheating and forgery must undergo comprehensive investigation; prima facie evidence suffices for proceeding, dismissing claims of civil nature.
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
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