Bheru Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5316 Raj

[2023/RJJD/017402]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 413/2023

1. Bheru Singh S/o Jabar Singh, Aged About 21 Years, Vill.

Kanana, Near By P.s. Samdari, Dist. Barmer.

2. Jabar Singh S/o Magana, Aged About 51 Years, Vill.

Kanana, Near By P.s. Samdari, Dist. Barmer.

3. Gita Devi W/o Jabar Singh, Aged About 48 Years, Vill.

Kanana, Near By P.s. Samdari, Dist. Barmer.

----Petitioners Versus

1. State Of Rajasthan, Through Its Govt. Advocate

2. Sh. Shanker Singh S/o Modaji, Vill. Jethantari, Dist.

Barmer.

3. Sh. Triok Singh S/o Modaji, Vill. Jethantari, Dist. Barmer.

4. Smt. Payari Devi W/o Triok Singh, Vill. Jethantari, Dist.

Barmer.

----Respondents

For Petitioner(s) : Dr. Kshamendra Mathur For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/05/2023

1. There is a delay of 105 days in filing the instant criminal

revision petition and no satisfactory explanation has been

furnished in this regard.

2. The instant criminal revision petition has been preferred

against the order dated 30.09.2022 passed by learned District &

Sessions Judge, District Balotra in Session Case No.11/2018,

whereby the application filed under Section 311 of Cr.P.C. has

been rejected by the learned trial Court.

[2023/RJJD/017402] (2 of 2) [CRLR-413/2023]

2. Another aspect is that in view of the judgment passed by

Hon'ble the Supreme Court in the case of Sethuraman Vs.

Rajamanickam reported in (2009) 5 SCC 153, the order passed

under Section 311 of Cr.P.C. is an interlocutory order and is not a

revisable order and, therefore, a criminal revision petition is not

maintainable. In this view of the matter, the same is dismissed on

both the counts; limitation as well as on the ground of

maintainability.

3. Stay petition also stands dismissed.

4. However, the petitioners would be at liberty to take

appropriate steps for ventilation of their grievances.

(FARJAND ALI),J 108-divya/-

Powered by TCPDF (www.tcpdf.org)