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2024 Supreme(Online)(RAJ) 3831

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Sudesh Bansal, J
MAHENDRA SINGH S/O (LATE) SH. UMMED SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Ajay Kumar Jain, Mr. Mitul Jain, Mr. Aditya Jain, Mr. Gajendra Singh Shekhawat, Mr. Anurag Sharma, Mr. Harsh Sharma, Mr. Rajesh Choudhary GA-Cum-AAG

Order

1. Impugned order in both the petitions is common i.e. order dated 05.04.2021 passed by District & Sessions Judge, Karauli in Criminal Revision No.03/2021 whereby and whereunder revision has been partly allowed and the order dated 29.01.2021 passed by Chief Judicial Magistrate, Karauli, taking cognizance of offences under Sections 420, 467, 468 , 471 & 120-B of Indian Penal Code (hereinafter referred to as ‘ IPC ’) on the protest petition filed by the complainant against the negative final report submitted by the police in connection with FIR No.404/2018 registered at Police Station, Karauli, has been interfered with by the Revisional Court in the manner that:

(i) Cognizance of offences under Sections 467, 468 , 471 & 120-B of IPC has been quashed qua accused Mahendra Singh, but cognizance of offence under Section 420 of IPC against him has been sustained and he has been allowed to be summoned by issuing process through summon at the first instance and if the presence is not viable, then by issuing bailable warrant and arrest warrant, instead of summoning through non-bailable warrant at the first instance, and

(ii) Cognizance for offences under Sections 420, 467, 468 , 471 & 120

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