Surja Ram vs State (2023:Rj-Jd:42159)
2023 Latest Caselaw 10402 Raj

Rajasthan High Court - Jodhpur

Surja Ram vs State (2023:Rj-Jd:42159) on 4 December, 2023

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2023:RJ-JD:42159]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 577/2020

Surja Ram S/o Shri Sona Ram, Aged About 52 Years, By Caste
Vishnoi, R/o Shewalo Ki Dhaniya, Palasani, Police Station
Dangiyawas, Jodhpur.
                                                                    ----Petitioner
                                    Versus
1.       State, Through P.p.
2.       Nitin Dave, Po, Excise Preventive Force, Jodhpur West.
                                                                 ----Respondents


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Gaurav Singh - PP



         HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

04/12/2023

None appears on behalf of petitioner.

Learned Public Prosecutor submits that the present criminal

misc. petition is not maintainable in the light of judgment dated

23.04.2008 in the matter of Natwar Lal & Ors. v. State & Ors. by

this Court.

The present criminal misc. petition under Section 482 Cr.P.C.

has been preferred against the order dated 06.12.2019 passed by

learned Chief Metropolitan Magistrate, Jodhpur Metropolitan,

whereby, cognizance was taken under Sections 19/54, 54A &

19/54D of the Rajasthan Excise Act, 1950 against the petitioner.

In view of the judgment cited by learned Public Prosecutor,

the present criminal misc. petition filed against the cognizance

order passed by the learned trial court is not maintainable as the

petitioner has not challenged the order of learned trial court

[2023:RJ-JD:42159] (2 of 2) [CRLMP-577/2020]

before the competent Sessions Court under the revisional powers.

Even though, after perusing the cognizance order it is apparent

that the learned trial court after going through the material

available on record has taken the cognizance against the present

petitioner under Sections 19/54, 54A & 19/54D of the Rajasthan

Excise Act, 1950. The petitioner has failed to produce any

material, which exonerates him in the present case under the

aforesaid Sections. It is not desirable for the learned trial court to

pass a detailed order while taking cognizance under the various

offences. Suffice it to say that the material available on record is

enough to take cognizance against the petitioner.

In view of the above, I do not find any infirmity in the order

impugned passed by the learned trial court. The present criminal

misc. petition is, therefore, dismissed.

(PRAVEER BHATNAGAR),J 524-AK Chouhan/-

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