Citation : 2026 Latest Caselaw 628 Raj
Judgement Date : 15 January, 2026
[2026:RJ-JD:2995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1446/2024
Liyakat Ali S/o Hazi Abdul Gaffar, Aged About 63 Years, R/o
Madina Masjid, By-Pass Road, Makrana, Police Station Makrana,
Dist. Deedwana - Kuchaman (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mohammad Yusuf S/o Farid Mohammad, R/o Near
Mohammadiya Masjid, Makrana, Dist. Deedwana-
Kuchaman (Raj.)
3. Irshad Ali S/o Mohammad Yusuf, R/o Near Mohammadiya
Masjid, Makrana, Dist. Deedwana-Kuchaman (Raj.)
----Respondents
For Petitioner(s) : Mr. SP Sharma
For Respondent(s) : Mr. NS Chandawat, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/01/2026
1. The petitioner happens to be complainant of a case. He
launched a prosecution against the private respondents for
committing offence under Section 420, 406, 323 & 504 of IPC.
After a full fledged trial and meticulous examination of the
material brought on record, learned Additional Chief Judicial
Magistrate, Makrana, District Nagaur acquitted the respondents
vide judgment dated 02.06.2017 in Criminal Case No.494/2011.
The petitioner aggrieved by the judgment of acquittal preferred an
appeal before learned Additional Sessions Judge, Makrana, District
Nagaur bearing appeal No.91/2017. The appellate court undertook
a comprehensive re-appreciation of the evidence, both factual and
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[2026:RJ-JD:2995] (2 of 2) [CRLR-1446/2024]
legal, and, finding no infirmity in the reasoning of the trial court,
concurred with its conclusions and dismissed the appeal vide order
dated 07.09.2024, thereby affirming the judgment of acquittal.
The petitioner has thereafter invoked the revisional jurisdiction of
this Court, laying challenge to both the aforesaid judgments.
2. I have heard learned counsel for the parties and gone
through both the judgments and record of the case. Learned
counsel for the parties have been heard and the record of the
case, along with the impugned judgments, has been perused with
due care. Though the petitioner has been unable to point out any
patent illegality, perversity, or material irregularity warranting
interference, this Court has nonetheless independently examined
the evidence on record. The material, at its highest, discloses a
breach of conduct, falling short of the threshold required to attract
criminal culpability. The prosecution has notably failed to establish
that the accused harboured a dishonest intention at the very
inception of the transaction, a sine qua non for the offences
alleged.
3. In view of the concurrent findings recorded by the courts
below and the absence of any manifest miscarriage of justice, this
Court finds no substance in the present revision petition. The
same is accordingly dismissed.
4. Pending applications, if any, stand disposed of.
5. The record be sent back forthwith.
(FARJAND ALI),J 39-chhavi/-
(Uploaded on 20/01/2026 at 04:20:55 PM)
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