Mukesh Ban vs State Of Rajasthan
2022 Latest Caselaw 2326 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 305/2022

1. Mukesh Ban S/o Lakhpat Ban, Aged About 22 Years, R/o Behind Rabar Factory, Janta Pyau Road, Bikaner.

2. Jaswant Ban S/o Bajrang Ban, Aged About 45 Years, R/o Opposite Dharnidhar Temple, Bikaner.

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Adv. assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/02/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner against the order dated

14.12.2021 passed by the Judicial Magistrate No.1, Bikaner

wherein, the cognizance has been taken against the petitioners for

the offences punishable under Sections 302, 307, 323, 341, 147,

148 R/W 149 IPC.

Having heard learned counsel for the petitioner and after

going through the impugned order, this court of the opinion that

petitioners are having alternate remedy to file revision petition

under Section 397/401 Cr.P.C. before the District & Sessions Judge

concerned against the impugned order.

In view of the availability of alternate remedy of filing

revision petition under Section 397/401 Cr.P.C. before the District

(2 of 2) [CRLMP-305/2022]

& Sessions Judge concerned, I don't entertain this criminal misc.

petition and the same is hereby dismissed. However, the petitioner

are at liberty to file revision petition before the District & Sessions

Judge concerned, if desire so.

Stay petition also stand dismissed.

(VIJAY BISHNOI),J 29-Arun/-

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