Bhupendra Upadhyay vs State Of Rajasthan
2022 Latest Caselaw 2751 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 307/2022

Bhupendra Upadhyay S/o Shri Sawai Lal Upadhyay, Aged About 80 Years, B/c Upadhyay, R/o Bhgakot, Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Gopiram Agarawal S/o Shri Hariram Agarwal, Aged About 72 Years, B/c Agarwal, R/o Kushalbag Palace, Banswara.

----Respondents

For Petitioner(s) : Mr. Deepak Chowdhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/02/2022

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

been preferred on behalf of the petitioner being aggrieved with the

order dated 14.01.2021 passed by the Judicial Magistrate,

Banswara (for short 'the trial court'), whereby cognizance has

been taken against the petitioner for the offence under Section

447 IPC.

This Court is of the opinion that the petitioner has a remedy

of filing criminal revision under Section 397/401 Cr.P.C. against

the order dated 14.01.2021 passed by the trial court.

Hence, I am not inclined to interfere in this criminal misc.

petition under Section 482 CrPC and the same is hereby

dismissed.

However, the petitioner is free to file criminal revision before

the concerned District Judge under Section 397/401 CrPC along

(2 of 2) [CRLMP-307/2022]

with application under Section 5 of the Limitation Act for

condonation of delay.

If the petitioner moves criminal revision petition along with

the application under Section 5 of the Limitation Act, it is expected

that the same shall be considered by the concerned District Judge

strictly in accordance with law.

(VIJAY BISHNOI),J 6-Arun/-

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