Rajasthan High Court - Jodhpur
Bhanwarlal vs State And Ors on 7 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 753/2002
Bhanwarlal
----Petitioner
Versus
State And Ors
----Respondent
Connected With
S.B. Criminal Appeal No. 61/2005
State
----Petitioner
Versus
Udai Singh And Anr
----Respondent
For Petitioner(s) : Mr. Ajay Vyas
For Respondent(s) : Mr. M.S. Bhati, P.P.
Mr. Chakarwati Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/05/2022
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.
Revision Petition No.753/2002 has been preferred claiming
the following prayers:-
"it is, therefore, most humbly and respectfully
prayed that this revision petition may kindly be allowed
and the accused-respondents may kindly be convicted
for the offence punishable under Section 447/109 of the
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(2 of 3) [CRLR-753/2002]
IPC and the possession of the disputed land may also be
given back to the petitioner."
Criminal Appeal No.61/2005 has been preferred claiming the
following prayers;-
"it is, therefore, humbly and respectfully prayed
that leave to appeal may kindly be granted and appeal
may kindly be accepted and the impunged judgment
dated 23.07.2002 may kindly be quashed and set
aside and the accused respondents be convicted and
sentenced as per provision of law."
At the outset, learned counsel for the petitioner submits that
whatever may be the fate of the present case, the same may not
affect the civil rights of the petitioners.
Learned Public Prosecutor submits that the order of reversal
of sentence as made in the present case is not sustainable in the
eye of law.
Learned counsel for the respondent submits that the orders
are challenged herein are well reasoned speaking orders and have
been passed with strict adherence to the provisions of law, more
particularly, when the so called land dispute could not be proved
by the prosecution beyond all reasonable doubts while seeking
inclusion of the same within the domain of criminal law.
This Court, after hearing counsel for the parties as well as
perusing the record of the case, finds that a bare perusal of
impugned order passed by the learned trial court makes it clear
than the same are well reasoned speaking orders and no legal
infirmity could be pointed out before this Court either by learned
counsel representing the petitioner in the revision petition nor by
learned counsel representing the appellant in the criminal appeal.
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(3 of 3) [CRLR-753/2002]
Consequently, the present revision petition as well as
criminal appeal are dismissed. All pending applications stand
disposed of.
However, it is made clear that this order shall not prejudice
the property (civil rights) which includes possession of the
respective parties.
(DR.PUSHPENDRA SINGH BHATI), J.
51-52-KshamaD/Nirmala-
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