Lrs Of Smt. Heera Devi vs State Of Rajasthan
2022 Latest Caselaw 31 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6387/2019

1. Lrs Of Smt. Heera Devi, W/o Late Shri Tulsiram, R/o Bikaner.

2. Poonamchand S/o Late Shri Tulsiram, Aged About 48 Years, By Caste Gehlot, R/o Gangashahar, District Bikaner.

----Petitioners Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/01/2022

This criminal misc. petition is filed by the petitioner being

aggrieved with the order dated 14.10.2019 passed by the

Additional Sessions Judge, (Women Atrocities Cases), Bikaner

(hereinafter to be referred as the 'revisional court') whereby, the

criminal revision petition filed by the petitioner has been

dismissed. The said criminal revision petition was filed by the

petitioner being aggrieved with the order dated 06.03.2013

passed by the Chief Judicial Magistrate, Bikaner (hereinafter to be

referred as the 'trial court'), whereby it has accepted the negative

final report filed by the police in connection with FIR No.238/2012

Police Station Bichhwal, District Bikaner and rejected the protest

petition/ re-investigation application filed by the petitioners.

The trial court has observed that the police has investigated

(2 of 2) [CRLMP-6387/2019]

the complaint thoroughly and after considering the material

collected by it during the course of investigation has filed the

negative final report, which cannot be said to be without any

basis. The revisional court has also taken into consideration the

facts and circumstances of the case and come to the conclusion

that the trial court has not committed any illegality in accepting

the negative final report submitted by the police.

Having heard learned counsel for the parties and after going

through the material available on record, I do not find any

illegality in the impugned orders passed by the courts below.

Otherwise also, this criminal misc. petition, though filed while

invoking powers of this Court under Section 482 Cr.P.C. but in fact

it is a second revision petition, which is clearly barred as per

Section 397(3) Cr.P.C.

Hence, this criminal misc. petition being bereft of any force is

hereby dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

4-mohit/-

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