Laxminarayan vs State
2021 Latest Caselaw 17740 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 6384/2021

Laxminarayan

----Petitioner Versus State

----Respondent

For Petitioner(s) : Mr. Pravin Vyas For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2021

By way of the instant criminal Misc. Petition, order dated

23.10.2021 passed by the Additional Sessions Judge No.4 Bikaner

passed in Revision Petition No. 45/2019 which was filed against

the order dated 01.02.2019 passed by the Additional Chief Judicial

Magistrate No.2, Bikaner whereby the application filed by the

petitioner complainant was rejected.

The counsel for the complainant-petitioner submitted that

after conducting investigation in the matter certain accused

persons have been exonerated from the accusation despite

availability of material avilable against them, therefore, the

complainant moved an application before the Judicial Magistrate

for arraying the other persons, who were not chargesheeted by

the police. He submits that since the petitioner complainant had

not been intimated by the Police Agency regarding the submission

of charge sheet against few accused persons while absolving other

persons from the charges, therefore, the application under Section

190 read with Section 304 of the Cr.P.C could not be submitted on

(2 of 2) [CRLMP-6384/2021]

the day when the cognizance was taken. He submits that it is well

settled proposition of law that the Court takes cognizance of the

offence and not of the offender. Even if Court has taken

cognizance, summons can be issued against the persons, who

have not been chargesheeted by the police. Learned counsel for

the petitioner placed reliance on the Judgment passed by the

Hon'ble Supreme Court in the case of Swil Ltd Vs. State of Delhi

(2001) 6 SCC 670.

Looking to the submissions of the learned counsel for the

petitioner and the judgment passed by the Hon'ble Supreme Court

(supra), issue notice to the respondents.

Learned Public Prosecutor accepts notice on behalf of

respondent State.

Notice be issued to respondent No. 2.

List after eight weeks.

In the meanwhile, further proceedings pursuant to the FIR

No. 197/2018, P.S. Sadar, District Biakner shall remain stayed.

(FARJAND ALI),J

68-Faheem

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