Harish Odwani vs State
2021 Latest Caselaw 2340 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3479/2020

Harish Odwani S/o Sobhalal, Aged About 38 Years, B/c Sindhi, R/o Pratapnagar Near Gurudwara Dist. Chittorgarh.

----Petitioner Versus

1. State of Rajasthan.

2. Yogesh Sharma S/o Satyanarayan Sharma, R/o 70 Kindavai Nagar, Dist. Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Umesh Kant Vyas For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP Mr. Vijay Kumar Gaur, for the complainant.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

28/01/2021

In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

The petition has preferred this criminal misc. petition under

Section 482 Cr.P.C. claiming the following reliefs:

"It is therefore, most respectfully prayed that this petition may kindly be allowed and the order impugned dated 15.12.2018 passed by the learned Chief Judicial Magistrate Chittorgarh, as well as the criminal proceedings initiated on strength of the said order, may kindly be order to be quashed. Any other relief which this Hon'ble Court deem in favour of the petitioner may also be granted."

Learned counsel for the petitioner submits that after taking

the preliminary evidence of the complainant and the witnesses

(2 of 2) [CRLMP-3479/2020]

under Section 200 and 202 of Cr.P.C., the learned trial court has

erred in sending the matter to the police station for further

investigation.

Learned counsel for the petitioner has relied upon the

judgment rendered by a coordinate Bench of this Hon'ble Court at

Jaipur Bench in Harsh Chhonkar Vs. State of Rajasthan &

Anr. (S.B. Criminal Misc. Petition No.2351/2016) vide order

dated 22.10.2018.

Learned counsel for the respondent is unable to refute the

applicability of the precedent law.

This Court, after hearing learned counsel for the parties as

well as perusing the record of the case, along with the precedent

law cited at the Bar, deems it appropriate to allow the present

petition.

Consequently, the present petition is allowed and the order

dated 15.12.2018 passed by learned Chief Judicial Magistrate,

Chittorgarh is quashed and set aside with the direction to the

learned trial court to proceed with the proceedings as a complaint

case under Chapter XV of Cr.P.C. Stay petition stands disposed of.

(DR. PUSHPENDRA SINGH BHATI),J

195-Zeeshan

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