HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S. B. Criminal Misc(Pet.) No. 6277/2021

1.

Anand Swaroop Vyas S/o Shree Murli Dhar Ji Vyas, aged

about 73 years, Profession Advocate, R/o 36 Kailash Puri,

Opposite Mahaveer Nagar, Tonk Road, Jaipur 301018

2.

Akhil Vyas S/o Shree Anand Swaroop Vyas, aged about

47 years, Profession Doctor, R/o D-687, Murli Lehar

Hospital, Jagdamba Nagar, Behind Heera Pura Power

House, Ajmer Road, Jaipur, (Raj.). 302021.

3.

Nikhil Vyas S/o Shri Anand Swaroop Vyas, aged about 46

years, Profession Doctor, R/o D-684, Murli Lehar Hospital,

Jagdamba Nagar, Behind Heera Pura Power House, Ajmer

Road, Jaipur, (Raj.). 302021

----Petitioners

Versus

1.

State of Rajasthan

2.

Chandra Prakash Vyas S/o Shree Murli Dharji Vyas, aged

about 69 years, Profession Contractor, R/o Opposite

Sessions Court, Near Salasar Balaji Guest House, Goojar

Mohalla, Bhilwara 311001 (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Anand Swaroop Vyas, the

petitioner No. 1 in person

For Respondent(s)

:

Mr. S.K. Bhati, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

January 21, 2022

This criminal misc. petition under Section 482 Cr.P.C. has

been filed by the petitioners challenging the order dated

27.02.2020 passed by the Additional Chief Judicial Magistrate

No. 1, Bhilwara in Criminal Regular Case No. 144/2012

(8345/2014) (State of Rajasthan Vs. Anand Swaroop & Ors.),

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whereby the trial court ordered to state substance of accusation

under Section 323 I.P.C. to the petitioners, in pursuance of which,

the substance of accusation was stated to the accused-petitioners

on 16.04.2021 & 22.07.2021.

Brief facts of the case are that the complainant-respondent

No. 2 – Chandra Prakash Vyas lodged a report regarding an

incident dated 22.03.2011 against the petitioners and one

Ishwardutt at Police Station Kotwali, District Bhilwara on

23.03.2011, upon which, the F.I.R. No. 187/2011 for the offences

under Sections 452, 323 & 341 I.P.C. was registered, which is

placed on record as Annexure-12. After investigation, the police

submitted the final report (Annexure-17) with the conclusion that

case was of non-cognizable nature. On the basis of the police

report, the trial court vide Order dated 30.03.2012 took

cognizance of offence under Section 323 I.P.C. against the

accused-petitioners and Ishwardutt and proceeded under Section

204 Cr.P.C. The above order was challenged by the complainant-

respondent No. 2 by way of filing revision petition before the court

of Sessions Judge, Bhilwara bearing Criminal Revision Petition

No. 165/2012, which was decided on 27.08.2012, whereby while

allowing the revision petition, the trial court was directed to take

cognizance of offence under Section 452 I.P.C. also. The said

order was further challenged by the petitioners before this Court

in S.B. Criminal Misc. Petition No. 985/2013 (Anand Swaroop &

Ors. Vs. State of Rajasthan & Anr.), which was allowed vide Order

dated 10.09.2013 and the order passed by the revisional court

dated 27.08.2012 was quashed with a direction to the revisional

court to decide the revision petition afresh after providing

appropriate opportunity of hearing to the parties. After that, the

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revisional court i.e. Additional Sessions Judge (Women Atrocities

Cases), Bhilwara vide Order dated 29.03.2016 dismissed the

revision petition and affirmed the Order dated 30.03.2012 passed

by the trial court taking cognizance of offence under Section 323

I.P.C. only, against the petitioners. Aggrieved by the said order,

the complainant-respondent No. 2 preferred S.B. Criminal Misc.

Petition No. 2484/2016 (Chandra Prakash Vs. State of Rajasthan &

Ors.), which was dismissed by this Court on 24.01.2017. It is

relevant to mention here that against the Order dated 29.03.2016,

the petitioners also prefe