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[2026:RJ-JP:19905]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Revision Petition No. 885/2022

Ashutosh Sharma S/o Shri Soraubh Sharma, Aged About 20 Years,

Resident Of Plot No. 151-B, Janakpuri II Imli Fatak, Jaipur

----Petitioner

Versus

State of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Mohan Lal Goyal, Advocate

For Respondent(s) : Mr. Sudesh Kumar Saini, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

Reserved on ::: 10/04/2026

Pronounced on ::: 26/05/2026

***

Instant revision petition has been preferred by the petitioner

under Section 397 r/w Section 401 of the Code of Criminal Procedure,

1973 against the order dt.22.02.2022 passed by ld. Additional Executive

Magistrate & Additional Commissioner of Police, Head Quarter, Jaipur

District Jaipur (South), in Case No. 288/2022, whereby the petitioner

was directed to maintain peace & tranquility for a period of six months

and to furnish a personal bond & surety under Section 117 of Cr.P.C.

The petitioner has also challenged the order dt.31.05.2022

passed by ld. Additional Sessions Judge No.4, Jaipur Metropolitan-I, in

Criminal Appeal No. 10/2022, whereby the appeal filed by the petitioner

against the order dt.22.02.2022 came to be dismissed.

In this case, on 21.02.2022 an information was received at

Police Station Jyoti Nagar, Jaipur (South) to the effect that a quarrel

was taking place at Janakpuri-II. Pursuant thereto, the Police reached at

the spot and thereafter, the injured persons as well as the petitioner

came to the Police Station, and both the parties made a complaint

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[2026:RJ-JP:19905] (2 of 4) [CRLR-885/2022]

against each others. Upon noticing the aggressive behaviour of the

petitioner and finding the act of the petitioner covered under Section

151 Cr.P.C, he was detained. Subsequently, the proceedings under

Sections 107 & 151 Cr.P.C. were initiated against the petitioner.

Learned counsel appearing for the petitioner submitted that

both the ld. Courts below have passed the impugned orders

mechanically & without due application of judicial mind. Counsel further

submitted that the aforesaid orders have been passed on cyclo-styled

proformas merely by filling-in the blanks space. Counsel also submitted

that even the notice issued under Section 111 of Cr.P.C. does not

disclose the substance of the information or the satisfaction of the ld.

Magistrate, which is a sine-qua-non for initiation of proceedings under

Section 107 of Cr.P.C. Therefore, the impugned orders deserve to be

quashed & set aside.

In support of his submissions, ld. counsel appearing for the

petitioner, has placed reliance upon the following judgments:- (i) Balraj

Madhok Vs. Union of India, AIR 1967 Delhi 31, (ii) Madhu Limaye &

Anr. Vs. Ved Murti & Ors., AIR 1971 SC 2481, (iii) Kailash Singh & Ors.

Vs. State of Bihar, 1983 CRI.L.J. NOC 228 (PAT.), (iv) Babulal & Anr.

Vs. State of M.P., 1991 CRI.L.J. 786, (v) Dinesh Kumar Tailor Vs. State

of Rajasthan, RLW 1998 (2) Raj. and (vi) Pramod Kumar Shahi @

Mantoo Shahi Vs. State of U.P., 2022 CRI. L.J. 3643.

Learned Public Prosecutor for the State, while opposing the

aforesaid submissions, contended that there is no illegality or infirmity

in the impugned orders passed by the ld. Courts below warranting

interference by this Court in exercise of its revisional jurisdiction.

Heard learned counsel for the parties. Perused the

impugned orders as well as the material made available on record.

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[2026:RJ-JP:19905] (3 of 4) [CRLR-885/2022]

In the present matter, the proceedings under Sections 107 &

151 Cr.P.C. were initiated against the petitioner and he was detained

under Section 151 Cr.P.C. Thereafter, vide order dt.22.02.2022 he was

directed to maintain peace & tranquility for a period of six months and

to furnish a personal bond & surety under Section 117 Cr.P.C. The

appeal preferred against the aforesaid order was also dismissed vide

order dt.31.05.2022.

It would be appropriate to refer here that the proceedings

under Section 107 of Cr.P.C. can

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