Rajasthan High Court
Surendra Singh S/O Late Brijbhan Singh ... vs State Of Rajasthan (2023:Rj-Jp:39787) on 14 December, 2023
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:39787]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4400/2018
1. Surendra Singh S/o Late Brijbhan Singh, Aged About 38
Years, R/o Sanet, Teh. Hindaun, Head Constable No.
1554, Police Line, Karauli.
2. Raisingh S/o Ramkishore, Aged About 44 Years, R/o Badh
Nayawas, Teh. Nadoti, Distt. Karauli, Constable No. 758,
Police Station Kela Devi, Distt. Karauli.
3. Kalicharan Sharma S/o Kalyan Prasad Sharma, Aged
About 47 Years, R/o Salempur, Teh. Mahua, Distt. Dausa
(Raj.) A.s.i. Police Line, Karauli.
4. Harveer Singh S/o Surajmal, Aged About 45 Years, R/o
Khakawali, Teh. Nagar, Distt. Bharatpur, Constalbe No.
57, Police Line Karauli
5. Tarun Singh S/o Vijay Singh, Aged About 35 Years, R/o
Kachroli, Teh. Hindaun, Krishi Prevekshak Mukhyalaya
Gadhi Badhwa, Teh. And Distt. Karauli.
6. Sunder Singh S/o Ramhans Singh, Aged About 40 Years,
R/o Panday Ka Thana, Pahadi, Distt. Bharatpur (Raj.)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
Respondent
2. Brahmanand Bansal S/o Ramdayal Bansal, R/o Karauli
Thana Karauli (Raj.)
----Respondents
For Petitioner(s) : Ms. Mamta Agarwal with
Mr. Pankaj Solanki for
Mr. Arvind Sharma
For Respondent(s) : Mr. Laxman Meena, P.P.
Mr. Rahul Sharma with
Mr. Sarthak Saxena
Ms. Chanchal for
Mr. Rajneesh Gupta
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
14/12/2023
This criminal miscellaneous petition under Section 482 CrPC
has been filed for quashing the order dated 07.07.2018 passed by
[2023:RJ-JP:39787] (2 of 3) [CRLMP-4400/2018]
the learned Sessions Judge, Karauli (for brevity "the learned
Revisional Court") in Criminal Revision No.70/2017 preferred by
the accused-petitioners (hereinafter referred to as "the
petitioners") whereby, while dismissing the revision petition, the
order dated 31.10.2009 passed by the learned Chief Judicial
Magistrate, Karauli, District Karauli (for short "the learned trial
Court") in Criminal Case No.450/11 (220/2017) taking cognizance
against the petitioners under Sections 147, 323, 384, 500 & 504
IPC, has been affirmed.
At the outset, learned counsel for the petitioners submits
that a SB Criminal Miscellaneous Petition No.1810/2013 arising
out of the same cognizance order dated 31.10.2009 filed by
another co-accused person has already been allowed by this Court
vide order dated 23.08.2017 whereby, the cognizance taken
against him has been quashed and set aside. She submits, in view
thereof, this criminal miscellaneous petition involving identical
facts and circumstances, also deserves to be accepted and
allowed.
Although, learned Public Prosecutor assisted by the learned
counsel for the respondent No.2/complainant opposed the prayer;
but, could not dispute that the SB Criminal Miscellaneous Petition
No.1810/2013 filed by one of the co-accused person involved in
the incident has been allowed and the order of cognizance dated
31.10.2009 passed by the learned trial Court and affirmed by the
learned Revisional Court, although by a different order, has been
allowed and the order of cognizance has been quashed and set
aside.
Heard. Considered.
[2023:RJ-JP:39787] (3 of 3) [CRLMP-4400/2018]
The learned trial Court has taken cognizance vide order
dated 31.10.2009 against the present petitioners as also Shri
Manish Kumar Sharma whereagainst two revision petition came to
be preferred. The revision petition preferred by Shri Manish Kumar
Sharma came to be dismissed by the learned Revisional Court vide
order dated 31.01.2013 whereas, the revision petition preferred
by the present petitioners came to be dismissed by the learned
Revisional Court vide order dated 07.07.2018. The SB Criminal
Miscellaneous Petition No.1810/2013 preferred by Shri Manish
Kumar Sharma has been allowed by this Court vide order dated
23.08.2017 whereby, the order of cognizance dated 31.10.2009
has been quashed and set aside. It is not disputed by the learned
Public Prosecutor as also by the learned counsel for the
respondent No.2/complainant that the order dated 23.08.2017 is
judgment in rem qua the present petitioners also who are
identically placed with the co-accused Shri Manish Kumar Sharma.
In view thereof, this criminal miscellaneous petition deserves to be
allowed as well.
Resultantly, this criminal miscellaneous petition is allowed.
The order dated 07.07.2018 passed by the learned Revisional
Court in Criminal Revision No.70/2017 as also the order dated
31.10.2009 passed by the learned trial Court in Criminal Case
No.450/11 (220/2017) are quashed and set aside.
(MAHENDAR KUMAR GOYAL),J
Manish/948
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