1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 842 OF 2016

[Arising out of S.L.P.(Crl.) No. 3314 of 2009]

Prabhu Chawla

…..Appellant

Versus

State of Rajasthan & Anr.

…..Respondents

W I T H

CRIMINAL APPEAL NO. 844 OF 2016

[Arising out of S.L.P.(Crl.) No. 4744 of 2009]

AND

CRIMINAL APPEAL NOS. 845-846 OF 2016

[Arising out of S.L.P.(Crl.) Nos. 1554-1555 of 2011]

J U D G M E N T

SHIVA KIRTI SINGH, J.

1.

Leave granted.

2.

First we take up appeals of Prabhu Chawla and Jagdish Upasane and ors. as

these two criminal appeals seek to assail a common order dated 02.04.2009

whereby the High Court of Judicature for Rajasthan at Jodhpur dismissed the

petitions preferred by the appellants under Section 482 of the Code of Criminal

Digitally signed by

DEEPAK MANSUKHANI

Date: 2016.09.06

10:37:29 IST

Reason:

Signature Not Verified

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Procedure (for brevity ‘Cr.P.C.’). High Court held the petitions to be not

maintainable in view of judgment of Rajasthan High Court in the case of Sanjay

Bhandari v. State of Rajasthan¹ (impugned in the other connected appeal)

holding that availability of remedy under Section 3