Smt Meena vs State
2022 Latest Caselaw 4596 Raj

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       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       JODHPUR

           S.B. Criminal Misc. Application No.100/2022
                                       IN
           S.B. Criminal Revision Petition No.1290/2018

Smt. Meena
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan & Ors.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Lakshya Singh Udawat with
                               Mr. Shreyash Ramdev
For Respondent(s)        :     Mr. MS Bhati, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

24/03/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in the Court, for the safety

of all concerned.

     Counsel for the applicant states that in the judgment dated

08.03.2022 rendered by this Court in S.B. Criminal Revision

Petition No.1290/2018, in para-7 thereof, the quote of precedent

law of Emperor Vs. Said Ahmad and Anr. Allahabad High Court

AIR 1927 All 536, states, "I think that the Magistrate was correct

in his view House-breaking, as defined in Section 415", whereas

the correct one is "I think that the Magistrate was correct in his

view. House-breaking as defined in Section 445".

     In view of the above and for the reasons mentioned in the

application, the same is allowed.


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                                         Accordingly, in para-7 of the judgment, the words, "I think

                                   that the Magistrate was correct in his view House-breaking,

                                   as defined in Section 415" , as mentioned in the quotation part

                                   of the precedent law of Emperor Vs. Said Ahmad and Anr. (supra)

                                   are substituted by the words, "I think that the Magistrate

                                   was correct in his view. House-breaking as defined in

                                   Section 445".

                                         The aforementioned judgment dated 08.03.2022 shall be

                                   read accordingly.

                                                                (DR.PUSHPENDRA SINGH BHATI), J.

C-1-Sanjay/-

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