Devi Singh vs State
2021 Latest Caselaw 10315 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1181/2019

Devi Singh S/o Late Narayan Singh Chouhan, Aged About 50 Years, By Caste Rajput, R/o Village Badabra, Via Choti Khatu Tehsil Didwana, Dist. Nagaur.

----Petitioner Versus

1. State, Through P.P.

2. Jethu Singh S/o Ranjeet Singh, Kharadiya, District Nagaur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Sunil Mehta
For Respondent(s)        :     Mr. A.R. Choudhary, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

08/07/2021

The instant revision has been preferred by the petitioner-

complainant Devi Singh for assailing the order dated 03.06.2019

passed by learned Addl. Sessions Judge, Didwana District Nagaur

in Sessions Case No.21/2012 (CIS No.40/2014) whereby, the

application preferred by the petitioner under Section 319 Cr.P.C.

was dismissed.

It may be stated that the police filed charge-sheet against

Mohan Singh, Sampat Singh and Sayar Singh. By way of the

subject application, the petitioner complainant prayed the trial

court to summon one Jethu Singh as an additional accused. The

said application was dismissed by the trial court by order dated

03.06.2019 which is assailed in this revision.

(2 of 2) [CRLR-1181/2019]

I have given my thoughtful consideration to the submissions

advanced by the petitioner's counsel and have gone through the

impugned order.

It is relevant to note here that Jethu Singh was not named

either in the FIR or in the investigational statements of the

material prosecution witnesses. For the first time upon being

examined of oath after nearly three to four years of the incident,

the witnesses Devi Singh (petitioner herein), Babulal, Rampratap

and Ajay Singh took the name of the respondent Jethu Singh as

being one of the participants in the incident.

In view of these facts, I am of the firm opinion that this

highly belated attempt of the petitioner in trying to implicate Jethu

Singh in this case is malicious and vindictive.

As a consequence, I am not inclined to interfere in the

impugned order dated 03.06.2019 which ex-facie does not suffer

from any infirmity or illegality warranting interference therein.

Hence, the revision fails and is dismissed as being devoid of merit.

(SANDEEP MEHTA),J 122-Sudhir Asopa/-

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