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[2026:RJ-JD:15698]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 7319/2023

Shyam Lal S/o Sh. Jethmal Dhobi, Aged About 38 Years, R/o Stc Road, Chowk, Pratap Nagar, Chittorgarh, Tehsil And District

Chittorgarh.

----Petitioner Versus

1. Ashok Kumar S/o Jagdish Sharma, R/o Tejaji Chowk, Diet Road No. 2, Chittorgarh, Tehsil And District Chittorgarh.

2. State Of Rajasthan, Through PP ----Respondents

For Petitioner(s) : Mr. Dharmendar Singh Gaur, Adv.

For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP For Respondent No.1 : Mr. Ravinder Kumar Charan, Adv.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

06/04/2026

1. The instant Criminal Misc. Petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner assailing the order dated 19.08.2023 passed by learned District & Sessions Judge, Chittorgarh, District Chittorgarh in Criminal Revision No.169/2017 (CIS No.237/2017) whereby the learned Revisional Court accepted the revision filed by accused-respondent No.1 and discharged him from offences punishable under Sections 279, 337 and 338 of the IPC while setting aside the order dated 24.11.2016, passed by learned Additional Chief Judicial Magistrate, No.2, Chittorgarh whereby protest petition filed by the petitioner-complainant was accepted and cognizance was taken against the accused- respondent No.1 for the aforesaid offences, in connection with FR

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[2026:RJ-JD:15698] (2 of 6) [CRLMP-7319/2023] No.22/2016 arising out of FIR No.36/2016, Police Station Sadar,

District Chittorgarh.

2. Brief facts in a nutshell are that on 03.02.2016, the petitioner-complainant submitted a complaint before the District Superintendent of Police, Chittorgarh, stating that on 01.02.2016 at about 10:30 PM, his mother, Mohani Bai was standing near his sugarcane juice shop situated outside Dak Bunglow. At that time, a car bearing registration No.RJ-27-TC-0577/421, driven in a rash and negligent manner, hit her. As a result, she sustained fractures in her hands and legs. Immediately after the accident, one Indra Devi arrived at the place of incident and assured that complete medical treatment would be provided to the petitioner’s mother. Thereafter, petitioner's mother was taken to Sawanliya Hospital, and was subsequently referred to Aruna Hospital for better

treatment.

3. On the basis of the said complaint, FIR No.36/2016 was registered at Police Station Sadar, District Chittorgarh for offences punishable under Sections 279 and 337 of the IPC. Upon completion of investigation, the police submitted a negative final report in the matter. Aggrieved thereby, the petitioner filed a protest petition before the learned trial Court. Vide order dated 24.11.2016, the learned trial Court, while accepting the protest petition, took cognizance against accused-respondent No.1 for offences punishable under Sections 279, 337 and 338 of the IPC. The accused-respondent No.1 assailed the said order of cognizance before the learned District and Sessions Judge, Chittorgarh, by filing Revision Petition No.169/2017. The learned

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[2026:RJ-JD:15698] (3 of 6) [CRLMP-7319/2023] Revisional Court allowed the revision petition vide order dated 19.08.2023 and, while setting aside the order of cognizance, discharged the accused-respondent No.1 from the aforesaid

offence. Hence, the present Criminal Misc. Petition has been filed.

4. Learned counsel for the petitioner-complainant submits that the learned Revisional Court has committed a grave error of law as well as facts while passing the impugned order. He submits that the investigating agency, after conducting a thorough investigation, initially filed a negative final report before the concerned Court, opining that the offending vehicle and driver involved in the accident were not traceable. Aggrieved thereby, the petitioner filed a