Kushal Ram vs State Of Rajasthan ...
2023 Latest Caselaw 2796 Raj

[2023/RJJD/009210]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 143/2023

Kushal Ram S/o Gudar Ram Mali, Aged About 33 Years, R/o Shekhaniyawas Hingoli P.s. Bhopalgarh, District Jodhpur.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ravindra Kumar Acharya For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/04/2023

By way of filing the instant criminal revision petition under

Section 397 read with Section 401 Cr.P.C. a challenge was made to

the order dated 18.11.2022 passed by learned Sessions Judge,

Jodhpur in Sessions Case No.83/2020 whereby the application

under Section 193 Cr.P.C. filed by the petitioner has been

dismissed.

The arguments of the petitioner would be that the learned

Sessions Judge has dismissed the application on account of

noticing the fact that when the charge sheet was submitted, the

Magistrate had applied his mind under section 190 of Cr.P.C and

then took cognizance of the offence and after committal, no fresh

material came on the record, therefore, the Sessions Judge was

not competent enough to entertain the application under Section

193 of Cr.P.C. He further submits that it is a gross misconception

on part of the learned trial Judge as the same is not in consonance

[2023/RJJD/009210] (2 of 2) [CRLR-143/2023]

with the judgment passed by Hon'ble the Supreme Court in the

case of Dharam Pal & Ors Vs. State of Haryana & Ors.

reported in AIR 2013 SC 3018 wherein in para 27 of the

judgment it has been enunciated that there can be no question of

taking cognizance on two occasions. The court takes cognizance of

the offence and not of the offender. In a sessions triable case, the

Magistrate does not play an active role and after committal of the

case, the Sessions Judge can exercise powers under Section 193

of Cr.P.C for arraignment of other person who have not been

charge-sheeted. Had it been the case that the learned Judge

would have rejected the application on the niceties of the matter

then the situation may be altogether different but here the learned

Judge has decided the application on account of maintainability

thus, there appears serious ground for consideration.

Issue notice, returnable in four weeks.

Meanwhile, further proceedings in Sessions Case No.83/2020

shall remain stayed.

(FARJAND ALI),J 191-AnilKC/-

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