Asgar vs State Of Rajasthan
2022 Latest Caselaw 2714 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 37/2022

1. Asgar S/o Sh. Nasira, Aged About 75 Years, Luhar, R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

2. Jhindu S/o Nasira, Aged About 70 Years, B/c Luhar, R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

3. Sarwar S/o Anardeen, Aged About 62 Years, B/c Luhar, R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Shoukat S/o Ramju, B/c Luhar, R/o Mohalla Naykan, Jhunjhunu, At Present R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

3. Salim S/o Bundu, B/c Luhar, R/o Mohalla Naykan, Jhunjhunu, At Present R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

4. Bundu S/o Nek Mohammed, B/c Luhar, R/o Madeena Colony, 200 Feet Jhotwara, Jaipur (Raj.).

5. Akbar S/o Bundu, B/c Luhar, R/o Mohalla Naykan, Jhunjhunu, At Present R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

6. Salim S/o Shaukat, B/c Luhar, R/o Mohalla Naykan, Jhunjhunu, At Present R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

7. Javed S/o Khairdeen, B/c Luhar, R/o Madeena Colony, 200 Feet, Jhotwara, Jaipur.

8. Bundu S/o Abdulla, B/c Luhar, R/o Mohalla Naykan, Jhunjhunu, At Present R/o Ward No. 51, Churu, Teh. And Dist. Churu (Raj.).

----Respondents

For Petitioner(s) : Mr. Deen Dayal Chitlangi For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

(2 of 2) [CRLMP-37/2022]

16/02/2022

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

been preferred on behalf of the petitioners being aggrieved with

the order dated 11.11.2021 passed by the Sub-Divisional

Magistrate, Churu (for short 'the trial court') in the proceedings

under Sections 146 Cr.P.C.

The petitioners have challenged the order dated 11.11.2021

before the Sessions Judge, Churu (for short 'the revisional court')

whereby the revision petition filed by the petitioners has been

dismissed by the revisional court vide order dated 08.12.2021.

The petitioner has also challenged the order dated

08.12.2021 passed by the revisional court.

Having heard learned counsel for the petitioner and after

going through the material available on record, particularly the

order dated 26.11.2021 passed by a Co-ordinate Bench of this

Court in SB Criminal Misc. Petition No.6239/2021 preferred by the

petitioners, I am not inclined to interfere in this misc. petition

because this Court with the consent of learned counsel for the

parties has already issued a direction to the SDM, Churu to decide

the proceedings under Section 146 CrPC finally within a period of

one month strictly in accordance with law after affording an

opportunity of hearing to the parties concerned.

In view of the above, this criminal misc. petition being

devoid of merit is hereby dismissed.

(VIJAY BISHNOI),J 6-mohit/-

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