Harlal Singh vs State (2023:Rj-Jd:28763)
2023 Latest Caselaw 7040 Raj

[2023:RJ-JD:28763]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 36/2020

Harlal Singh S/o Shri Mohan Lal, Aged About 50 Years, By Caste Jat, R/o Khasoli, Tehsil Churu, District Churu (Raj.).

----Petitioner Versus

1. State, Through P.p.

2. Chimna Ram S/o Shri Roopa Ram Jat, Dhadar, District Churu (Raj.).

----Respondents

For Petitioner(s) : Mr. Dhirendra Singh assisted by Ms. Priyanka Borana For Respondent(s) : Mr. R.S. Choudhary

HON'BLE MS. JUSTICE REKHA BORANA

Judgment

11/09/2023

1. The present revision petition has been filed against the order

dated 22.11.2019 passed by the Chief Judicial Magistrate, Churu

in Criminal Case No.1473/2019 (pertaining to FIR No.17/19)

whereby the cognizance against accused Harlal was taken for

offence under Sections 420, 467, 468, 471, 193 & 120-B IPC.

2. Learned counsel for the respondent No.2 raised a preliminary

objection that the present revision petition would not be

maintainable before this Court as a remedy before the Sessions

Court against the order impugned lies. As held in the case of

Natwar Lal & Ors. vs. State & Ors.; WLC 2008 (3) WLC

P.497, a revision petition against the order of the Magistrate

would not lie before the High Court without first availing the

[2023:RJ-JD:28763] (2 of 2) [CRLR-36/2020]

remedy before the Court of Sessions under Section 397 of Code of

Criminal Procedure.

3. Learned counsel for the petitioner is not in a position to

refute the above legal position.

4. In view of the same, the present revision petition is

dismissed as not maintainable.

5. Stay petition and all pending applications, if any, also stand

dismissed.

(REKHA BORANA),J

188-KashishS/-

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