Rajasthan High Court
Ashok Singh S/O Bhanwar Singh vs State Of Rajasthan on 6 September, 2022
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 443/2022
Ashok Singh S/o Bhanwar Singh, Resident Of 159, Bhawneshwar
Vatika, Sirsi Road, Jaipur, Police Station Vaishali Nagar, Jaipur
District Jaipur Through Guardian Bhanwar Singh S/o Ghisa
Singh, Aged about 55 years, R/o 159, Bhawneshwar Vatika, Sirsi
Road, Jaipur, Police Station Vaishaili Nagar, Jaipur, District Jaipur
(Raj.)
(The Accused Petitioner Is In District Jail Sikar)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Surya Pratap Singh, Adv.
For Respondent(s) : Mr. Prashant Sharma, Dy. GA
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
06/09/2022
Heard the parties.
The petitioner faced the trial for offences under Sections 279
and 304-A of IPC as well as under Sections 134/187 of the Motor
Vehicle Act before the Gram Nyayalaya, Kudli in the District Sikar
in Regular Criminal Case No.(C.I.S. No.) 141/2015 by the
judgment dated 06.04.2022.
The Gram Nyayalaya after following the procedure of
summery trial, convicted accused-petitioner for offence under
Section 279 of IPC and sentenced to simple imprisonment of six
months and fine of Rs.1,000/- and in the default of payment of
fine, 15 days simple imprisonment has been awarded. Under
Section 304-A of IPC awarded two years simple imprisonment and
(2 of 3) [CRLW-443/2022]
the fine of Rs.5,000/- and in the event of non-payment of fine one
month simple imprisonment. For other charges, the petitioner was
acquitted.
The petitioner challenged the judgment of the trial Court in
Regular Criminal Appeal No.21/2022. The criminal appeal was
heard by the learned Sessions Judge No.4, Sikar, who, vide
judgment dated 08.07.2022, dismissed the appeal and affirmed
the judgment of conviction and sentence.
Section 33 of Gram Nyayalaya Act, 2008 relates to provisions
for appeal in Criminal Cases. Sub Section (7) wherein reads as
follows:-
"The decision of the Court of Session under sub-
section (5) (in appeal) shall be final and no
appeal or revision shall lie from the decision of
the Court of Session. Provided that nothing in
this sub-section shall preclude any person from
availing of the judicial remedies available under
Articles 32 and 226 of the Constitution."
Hence, the instant petition has been filed under Article 226
of the Constitution of India read with Section 315(1)(A) of the
Rajasthan High Court Rules.
The jurisdictional of the High Court to interfere with the
Judicial Orders in exercise of power under Article 226 of the
Constitution of India is well settled wherein the Court can examine
the error in decision making process as well as the jurisdictional
error but the Court cannot sit as a court of appeal.
Learned counsel for the petitioner persuaded this Court to go
into prosecution evidence to come to the conclusion that
judgments of the Court below are not sustainable in law. Re-
appreciation of evidence is not permissible while exercising
extraordinary jurisdiction under Article 226 of the Constitution of
(3 of 3) [CRLW-443/2022]
India. No glaring infirmity including non-compliance of mandates
of law has been brought to the notice of this Court.
Hence, this petition stands dismissed as devoid of any merit.
(BIRENDRA KUMAR),J
Ashwani/-91
Powered by TCPDF (www.tcpdf.org)
