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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Vinod Choudhary, S/o. Late Sh. Kishan Singh Choudhary – Appellant
Versus
State Of Rajasthan, Through PP. – Respondent
| Table of Content |
|---|
| 1. factual background of the petition and allegations. (Para 1 , 3) |
| 2. arguments regarding the maintainability of the petition. (Para 4 , 5 , 6 , 7 , 8) |
| 3. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. conclusion regarding maintainability and next steps. (Para 17 , 18 , 19) |
ORDER :
MUKESH RAJPUROHIT, J.
1. The instant Misc. Petition under Sections 528 BNSS (482 Cr.PC.) has been filed against the order dated 18.08.2022 passed by the learned ACJM, No.1, Bhilwara in Case No. 4347/2012, whereby the learned magistrate took cognizance of the protest application filed against the FIR 542/2019 registered at P.S. Kotwali, Bhilwara.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the respondent-complainant. Perused the material available on record.
3. Bereft of elaborate details briefly stated the facts necessary for the disposal of this petition are that the respondent no.4, the complainant, lodged a complaint in the year 2019 alleging commission of offences punishable under Sections 420 and 406 of the IPC . The allegation therein was that the brother of the complainant, namely Dr. Vinod Choudhary (the present petitione
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
The main legal point established is that revision lies against the order of conviction affirmed in appeal, and settlement of dispute by way of compromise does not warrant the exercise of inherent jur....
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
The main legal point established in the judgment is that an order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order and....
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