Naveen Saxena vs State Of Rajasthan
2022 Latest Caselaw 13425 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7301/2022

Naveen Saxena S/o Shri Omprakash, Aged About 49 Years, R/o Gadiyala, Tehsil Kolayat, District Bikaner. Presently Posted As Branch Managar, The Jalore Central Cooperative Bank Ltd., Branch Chitalwana, District Jalore (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Jog Singh S/o Chimnaram, B/c Rajput, R/o Khandap, Police Station Samdari (The Then Brach Maager Of The Jalore Central Cooperative Bank, Branch Sayla, District Jalore)

----Respondents

For Petitioner(s) : Mr. Vineet Jain Mr. Pravin Vyas Mr. Devesh Khatri For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

16/11/2022

The instant misc. petition has been filed against the order

dated 30.08.2022 passed by the learned Additional Sessions

Judge, Bhinmal in Cr. Revision No.20/2019 (CIS No.20/2019),

whereby the order dated 08.02.2019 passed by the learned ACJM,

Bhinmal, District Jalore in Cr. Original Case No.864/2011, has

been affirmed and seeking quashing of the proceedings pending

against the petitioners for the offences under Sections 409, 419,

420, 467, 468, 471 and 120B of the IPC.

(2 of 2) [CRLMP-7301/2022]

Heard learned counsel for the petitioner as well as learned

Public Prosecutor for the State. Perused the material available on

record.

Learned ACJM, Bhinmal has passed detailed order dated

08.02.2019 after dealing with all legal and factual aspect of the

matter. The legality, correctness and propriety of the same has

been examined by the learned Additional Sessions Judge, Bhinmal

in revision while passing elaborate judgment dated 30.08.2022

and felt that there is no room for any interference in the order

passed by the learned ACJM, Bhinmal.

Thus, this Court is of the firm view that present one is an

attempt to get revision against the order the passed by the

learned Magistrate on second occasion in disguise of a petition

under Section 482 Cr.PC..

Section 397 (3) of the Cr.P.C. reads as under:-

Section 397 Calling for records to exercise powers of revision.

(1) ....

(2) .....

(3) If an application under this section has been made by

any person either to the High Court or to the Sessions Judge, no

further application by the same person shall be entertained by the

other of them.

In view of the above, there is no force in the instant Misc.

Petition, the same is hereby dismissed. The stay application is also

dismissed.

(FARJAND ALI),J 60-Mamta/-

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