HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 5413/2021

Paras Mali S/o Tikma Ram, Aged About 33 Years, F.c.i Colony,

P.s. Jalore, Tehsil Jalore, Dist. Jalore (Raj.).

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Santosh D/o Shankar Lal, Inside Tilak Dwar, Tehsil Jalore,

Dist. Jalore (Raj.).

----Respondents

For Petitioner(s)

:

Mr. Dashrath Singh Rathore.

For State

:

Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment

27/09/2021

1.

Petitioner has preferred this misc. petition aggrieved by

order dated 03.04.2021 passed by learned Sessions Judge, Jalore

whereby the Court below has dismissed the revision petition and

affirmed the order dated 10.01.2019 passed by learned Chief

Judicial Magistrate, Jalore whereby the Court allowed the

application filed by the complainant under Section 190 of the

Cr.P.C.

2.

It is contended by learned counsel for the petitioner that

after investigation police submitted a negative final report against

the present petitioner. The learned Magistrate has erred in law in

taking cognizance against the petitioner.

3.

Learned Public Prosecutor has opposed the misc. petition. It

is contended that the prosecutrix in her statement under Section

164 CrPC specifically stated that the petitioner was involved in her

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[CRLMP-5413/2021]

kidnapping. It is also contended that petitioner has already filed a

revision petition which stands dismissed. The second revision is

barred.

4.

I have considered the contentions and perused the orders

passed by the learned Magistrate as well as the order passed by

the learned Sessions Judge, whereby the revision petition of the

petitioner was rejected. It is clearly mentioned that prosecutrix

has named the petitioner as the person who was instrumental in

her kidnapping. The second revision is barred and misc. petition

can only be entertained if it is a rarest of the rare case. Present is

not a rarest of rare case to examine the inherent jurisdiction.

5.

No ground is made for interference, hence this misc. petition

is dismissed.

6.

Accordingly, the stay application is also dismissed.

(PANKAJ BHANDARI),J

32-jayesh/-