Richhpal vs State Of Rajasthan ...
2023 Latest Caselaw 3753 Raj

[2023/RJJD/012486]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 375/2021

Richhpal S/o Ramkaran Bishnoi, Aged About 52 Years, Chak 9 P.s.d. Phoolasar, Tehsil Shri Kolayat, District Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Mohan Lal S/o Ramkaran, Chak 7 P.s.d. Phoolasar, Tehsil Shri Kolayat, District Bikaner.

3. Rameshwar S/o Mohanlal, Chak 7 P.s.d. Phoolasar, Tehsil Shri Kolayat, District Bikaner.

4. Sunderlal S/o Mohanlal, Chak 7 P.s.d. Phoolasar, Tehsil Shri Kolayat, District Bikaner.

5. Budhram S/o Paburam, Chak 7 P.s.d. Phoolasar, Tehsil Shri Kolayat, District Bikaner.

----Respondents

For Petitioner(s) : Mr. Abhishek Mehta For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/04/2023

1. By way of filing the instant criminal revision petition under

Section 397 read with Section 401 Cr.P.C., a challenge has been

made to the order dated 25.01.2021 passed by learned Additional

Sessions Judge No.5, Bikaner in Regular Criminal Case

No.31/2019.

2. Learned counsel Mr. Abhishek Mehta, representing the

petitioner, submits that right from inception of the case, the

names of the other persons against whom arraignment has been

sought, were mentioned in the FIR and in the statement but for

[2023/RJJD/012486] (2 of 3) [CRLR-375/2021]

the reasons not known to the complainant, the investigating

agency had exonerated the other persons and filed the charge-

sheet only against four accused namely Shankarlal, Smt. Guddi,

Kumari Urmila and Raja Ram.

3. At the juncture of filing of charge-sheet and at the stage of

Section 190 Cr.P.C., the complainant moved an application before

the learned Magistrate to implead the other person who were left

out by the agency but the prayer got rejected whereafter when

the matter was committed to the Court of Session, the petitioner

complainant moved an application under Section 193 Cr.P.C. to

implead the other persons who have arbitrarily been exonerated

by the agency inspite of availability of material against them

however the application under Section 193 Cr.P.C. has been

rejected by the learned Session Judge vide order dated

25.01.2021 and the same is under assail before this Court.

4. Learned counsel Shri Mehta, representing the petitioner,

vehemently and fervently contended that he moved an application

under Section 190 of Cr.P.C. and after its dismissal, he again

moved an application under Section 193 Cr.P.C. before the

Sessions Judge, and as such it does not operate as 'res judicata'

against the party as no such proposition of law is in vogue. Power

under Section 193 Cr.P.C. is required to be exercised

independently and the only thing which is required to be seen at

this stage that whether from the material available on record

there are reasonable ground to implead the other persons who are

left out by the agency.

5. Reliance has been placed upon the judgment of Hon'ble the

Supreme Court passed in the cases of Dharam Pal & Ors. Vs.

[2023/RJJD/012486] (3 of 3) [CRLR-375/2021]

State of Haryana reported in 2013 Cr.L.R. (SC) 818 and

Balveer Singh & Anr. Vs. State of Raj. & Anr. reported in

(2016) 6 SCC 680.

6. The matter requires consideration and therefore interference

by this court is necessary.

7. Issue notice to the respondents, returnable in four weeks.

8. Learned Public Prosecutor accepts notice for respondent

No.1, thus, notice be issued to respondent Nos. 2 to 5.

9. In the meanwhile, further proceedings pending before

learned Additional Sessions Judge No.5, Bikaner in Regular

Criminal Case No.31/2019 shall remain stayed.

(FARJAND ALI),J 9-AnilKC/-

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