Rajasthan High Court - Jodhpur
Ashwani Kumar vs State Of Rajasthan (2025:Rj-Jd:3872) on 20 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:3872]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 392/2025
1. Ashwani Kumar S/o Harichandra, Aged About 51 Years,
R/o House No. 59-D Block Sriganganagar.
2. Bhajan Kamra S/o Bhikam Chand Kamra, Aged About 60
Years, R/o Ward No.9 Bhim Chowk, Anoopgarh Tehsil
Anoopgarh Dist. Sriganganagar.
3. Bhuvnesh Kamra @ Monu Kamra S/o Omprakash, Aged
About 30 Years, R/o Ward No.9 Bhim Chowk, Anoopgarh
Tehsil Anoopgarh Dist. Sriganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Anopam Singh S/o Jangir Singh, R/o Ward No.3
Anoopgarh Tehsil Anoopgarh Dist. Sriganganagar.
----Respondents
For Petitioners : Mr. Umesh Kant Vyas
For Respondent No.1 : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/01/2025
1. By way of the instant criminal misc. petition, the
petitioners have challenged the order dated 05.11.2024, whereby
the learned Additional Sessions Judge No.1, Raisinghnagar
(hereinafter to be referred as 'the Court of Revision') dismissed
the Criminal Revision No.14/2020 (CIS No.14/2020) filed by the
petitioners against the order dated 02.03.2020 passed by the
learned Judicial Magistrate, Sri Vijaynagar, District Sri Ganganagar
(hereinafter to be referred as 'the Magistrate') in Case
No.24/2020, whereby cognizance was taken against the
[2025:RJ-JD:3872] (2 of 3) [CRLMP-392/2025]
petitioners for the offences under Sections 323, 341, 452, 382,
427, 504 and 506 of IPC.
2. Heard learned counsel for the parties and perused the
material as made available to this Court.
3. It was a criminal complaint in which, after completion of
inquiry, the learned Magistrate vide order dated 02.03.2020 took
cognizance of the offences under Sections 323, 341, 452, 382,
427, 504 and 506 of IPC as well as issued warrants of arrest
against the petitioners. The revision petition preferred against the
said order was dismissed by the learned Court of Revision vide
order dated 05.11.2024.
4. In view of the judgment dated 09.10.2007 rendered by
Hon'ble the Supreme Court in the case of Inder Mohan
Goswami & Anr. Vs. State of Uttaranchal & Ors. reported in
AIR 2008 SC 251, the learned Magistrate was supposed to
summon the petitioners, instead of, issuing warrant on first
occasion. Thus, the learned Magistrate has indeed committed an
error in issuing warrants of arrest. Learned Court of Revision has
not bothered to examined the legality, correctness and propriety
of the order passed by the learned Magistrate.
5. In this view of the matter, this Court is of the opinion that
both the Courts below have committed error in passing the orders
under assail.
6. Accordingly, the instant criminal misc. petition is allowed.
The order dated 02.03.2020 passed by the learned Judicial
Magistrate, Sri Vijaynagar, District Sri Ganganagar in Case
No.24/2020 is quashed to the extent of issuance of process. The
[2025:RJ-JD:3872] (3 of 3) [CRLMP-392/2025]
order dated 05.11.2024 passed by the learned Additional Sessions
Judge No.1, Raisinghnagar is Criminal Revision No.14/2020 (CIS
No.14/2020) is also quashed and set aside.
7. The petitioners are directed to appear before the learned
Magistrate on or before 28.02.2025 and shall move a bail
application, upon which, learned Magistrate shall release them on
bail on the very same day, on the amount of sureties and bonds as
he/she deems fit, strictly in the light of order dated 02.12.20215
passed by the Division Bench of this Court at Jaipur Bench in the
case of Manohar Lal Saini & Ors. Vs. The State of Rajasthan
(D.B. Criminal Revision Petition No.382/2014).
8. Needless to say, nothing would preclude the petitioners
from agitating their issue with regard to their defence before the
learned Magistrate at appropriate stage.
9. Stay petition also stands dismissed.
(FARJAND ALI),J
Abhishek Kumar
S.No.92
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