Smt. Sumantra Wife Of Maharaj ... vs State Of Rajasthan
2021 Latest Caselaw 5827 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 1003/2021

Smt. Sumantra Wife Of Maharaj Singh

                                                                       ----Petitioner
                                       Versus
State Of Rajasthan and anr.
                                                                    ----Respondents

For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

23/10/2021

Heard.

Issue notice of the petition as well as of the stay application,

to respondent No.2, returnable within four weeks.

It has been submitted on behalf of counsel for the petitioner

that complaints in such cases are maintainable on behalf of the

Returning Officer, who is authorized to file such complaints.

Learned trial court has erred in rejecting the negative report and

taking cognizance against the petitioner under Sections 467, 468

and 471 of IPC. It has further been submitted that no cognizable

offence has been made out.

In support of his arguments, learned counsel has placed

reliance upon following judgments :-

(i) Harkeshi Devi v. State of Rajasthan and anr.

(S.B. Crl. Misc. Petition No.628/2017 dt 22.02.2017)

(ii) Amita Trivedi and anr. v. State of Rajasthan and anr.

(S.B. Crl. Misc. Petition No.2762/2011 dt 30.07.2012)

(iii) Rewant Ram v. State of Rajasthan and anr.

2016 (3) Cr.L.R. (Raj.) 1235

(2 of 2) [CRLR-1003/2021]

List after four weeks.

Operation of the impugned order dated 09.09.2021 shall

remain stayed till next date of hearing.

(MANOJ KUMAR VYAS),J

Hemant/62

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