Sachin Bhati Son Of Shri Ratan ... vs State Of Rajasthan
2023 Latest Caselaw 603 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Criminal Revision Petition No. 1841/2022

Sachin Bhati Son Of Shri Ratan Singh Bhati, Aged About 38
Years, Resident Of Village Chiti Police Station Dankor, District
Gautambuddh Nagar U.p
                                                                        ----Petitioner
                                        Versus
1.      State Of Rajasthan, Through P.p
2.      Ashok Kumar Meena Son Of Shri Udai Chand Meena,
        Resident Of Plot No. 17/202, Agra Road, Near P.g.
        College, Gayatri Nagar, District Dausa (Raj)
                                                                   ----Respondents

For Petitioner(s)             :    Mr. Ajsy Sharma
                                   Ms. Shilpa Sharma
For Respondent(s)             :    Mr. M.S. Saini, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

17/01/2023

In view of the judgment passed by the Co-ordinate Bench of

this Court in the cases titled as Natwarlal versus State of

Rajasthan 2008 (3) ILR (RAJ.) 745 and Sanjay Bhandari

versus State of Rajasthan 2009 (1) Cr.L.R. (RAJ.) 282 and

the view was affirmed by the Hon'ble Supreme Court in

Natwarlal's case wherein it is propounded that a revision petition

under Section 397 read with 401 Cr.P.C. against the order passed

by Magistrate although can be moved before Court of Session or

High Court but in hierarchical order, the party should approach

Court of Session at the first instance unless supervening

circumstances are shown.

(2 of 2) [CRLR-1841/2022]

In this view of the matter, learned counsel for the petitioner

seeks withdrawal of the petition.

Accordingly, the petition is dismissed as withdrawn. The

petitioner is at liberty to challenge the order framing charge

before Court of Session by filing a revision petition. If delay is

occurring in filing of the revision petition, it shall be considered

sympathetically in view of Section 14 of the Indian Limitation Act.

(FARJAND ALI),J

PREETI VALECHA /52

Powered by TCPDF (www.tcpdf.org)