Smt. Sunita And Anr vs State And Ors
2022 Latest Caselaw 7020 Raj

                                        (1 of 2)                  [CRLR-739/2002]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 739/2002

Smt. Sunita And Anr
                                                                  ----Petitioner
                                   Versus
State And Ors
                                                                ----Respondent


For Petitioner(s)        :     Mr. HM Saraswat
For Respondent(s)        :     Mr. AR Choudhary, PP
                               Mr. GR Punia Sr. Advocate assisted by
                               Mr. Mahaveer Bhanwariya



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                Judgment

11/05/2022

     The brief facts of the case are that while the petitioner-

complainant was posted in Bhootidia Primary School, Ladnu during

the examination time, there was a dispute with the respondents

No.2 to 7. The allegation upon the respondents-accused is that

they gave beating to the complainants and also was abused, while

snatching away the examination copies from them.

     Learned counsel for the petitioner submits that while the

offence was being investigated under Section 143, 332, 353 and

379 of IPC upon the complaint, the cognizance was taken by

learned trial court vide order dated 23.07.2001. Learned counsel

for the petitioner submits that his strong ground is that the order

of cognizance was set aside by the learned revisionary court vide

order dated 02.07.2002 without giving any opportunity of hearing

to the complainants.




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                                                                                (2 of 2)                       [CRLR-739/2002]



                                         Learned counsel for the petitioner vehemently submits that it

                                   will be a wrong proposition of law, in case any adverse closure of

                                   the case is permitted at the cognizance stage without hearing the

                                   complainant.

                                         Learned counsel for the complainant opposes the petition

                                         This Court is in agreement with the learned counsel for the

                                   petitioner      that   the    complainant           should          have   been    given

                                   opportunity of hearing and then only cognizance order could have

                                   been set aside.

                                         Looking in the factual matrix that the incident is of more

                                   than 22 years old, this Court is not inclined to remand the matter

                                   back, rather examined the merit, which has been dealt with by the

                                   learned revisionary court. While examining the merits of the case,

                                   it is noted that both the parties were Government servant and

                                   though there was a discord between them, but the criminal intent

                                   was lacking beyond suspicion in the matter. The altercation which

                                   happened in the school premises, as alleged, is not supported by

                                   the medical examination. There is no recovery of the torn copies

                                   or the broken bangles and the chain etc. by the prosecution.

                                   Learned revisionary court has rightly arrived at a conclusion that

                                   there was no substance to carry on the trial post cognizance and

                                   thus, the order is justified.

                                         In view of the above, the present petition is dismissed. All

                                   pending applications also stand dismissed.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

54-Sudheer/-

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