HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5901/2016 Smt. Manju, Widow Of Late Shri Ram Niranjan, R/o Ward No.13, Nawalgarh, District Jhunjhunu Raj..

----Petitioner Versus

1. State Of Rajasthan Through P.p.

2. Prahlad Tailor, Son Of Govind Ram Tailor, R/o Ward No.2, Nawalgarh, District, Jhunjhunu Raj..

----Respondents For Petitioner(s) : Mr. Prem Prakash For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND

Order

19/03/2026

1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 03.09.2016 passed by the learned Sessions Judge, Jhunjhunu in Criminal Revision No.21/2015 by which the revision petition submitted by the petitioner against the impugned order dated 22.01.2015 has been dismissed.

2. Learned counsel for the petitioner submits that the petitioner lodged an FIR against the accused-respondent, wherein several allegations under Sections 420 & 406 IPC were levelled, but without any investigation, the Police has submitted the final report “negative”, against which a protest petition was submitted by the petitioner, but the final report “negative” submitted by the police was accepted and the protest petition submitted by the petitioner has been rejected vide order dated 22.01.2015 by the Court of the Additional Chief Judicial Magistrate, Nawalgarh, District Jhunjhunu. Learned counsel submits that aggrieved by the aforesaid order, the petitioner approached the Revisional Court, i.e., the learned Sessions Judge, Jhunjhunu by way of filing revision petition, however, the same was rejected vide order dated 03.09.2016 by passing the impugned order in cursory manner without recording any reason, hence, interference of this Court is warranted.

3. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioner.

4. Perusal of the order dated 03.09.2016 indicates that this order has been passed in the most cursory manner as no reasons have been assigned while rejecting the revision petition submitted by the petitioner against the impugned order dated 22.01.2015 passed by the Court of the Additional Chief Judicial Magistrate, Nawalgarh, District Jhunjhunu.

5. It is settled proposition of law that whenever any order is passed by any competent Court of law, it is expected from the Presiding Officer to pass a detailed reasoned order, while in the instant case, the impugned order has been passed in merely one paragraph and no legality has been found in the same. There is no application of mind on the facts and evidence available on the record.

6. On this count alone, the impugned order passed by the Revisional Court is not legally sustainable in the eye of law and is liable to be and is hereby quashed and set-aside.

7. The matter is remitted to the Revisional Court, i.e., learned Sessions Judge, Jhunjhunu to pass a fresh reasoned order after providing due opportunity of hearing to both the sides. The petitioner is directed to appear before the Court of learned Sessions Judge, Jhunjhunu on 15.04.2026. It is expected from the Revisional Court to decide the revision petition submitted by the petitioner after affording due opportunity of hearing to both the sides.

8. With the aforesaid observations, the criminal misc. petition stands disposed of. All pending applications, if any, also stand disposed of.

(ANOOP KUMAR DHAND),J Karan/12