Smt. Janna & Ors vs State & Anr on 2 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 984 / 2015

1. Mohd. Sohail @ Suhail S/O Mohd. Shafi Solanki, by caste
Muslim Gurjar, resident of Opp. Ship House, Police Station Maha
Mandir, Jodhpur.

—-Petitioner
Versus

1. State of Rajasthan.

2. Smt. Salma Bano W/O Mohd. Sohail D/o Mohd. Shafi
Chouhan, by caste Muslim Gujar, resident of near Sugni Devi
Jesraj Baid Hospital, mohalla Gujaran, Bikaner.

—-Respondents
Connected With
S.B. Criminal Revision No. 864 / 2015

1. Smt. Janna W/O Barkat Ali, by caste Muslim Ghosi Gurjar,
resident of opposite Ship House, Police Station Maha Mandir,
Jodhpur.

2. Smt. Shamim Bano W/oOMehboob Khan,

3. Smt. Simran Bano W/O Liaqat Ali,
Both by caste Muslim Ghosi Gurjar, residents of near Chhapan
Hussain Dargah, Kaga Road, Police Station Maha Mandir, Jodhpur.

—-Petitioners
Versus

1. State of Rajasthan.

2. Smt. Salma Bano W/O Mohd. Sohail D/o Mohd. Shafi
Chouhan, by caste Muslim Gujar, resident of near Sugni Devi
Jesraj Baid Hospital, mohalla Gujaran, Bikaner.

—-Respondents
__
For Petitioner(s) : Mr.PN Mohanani.
For Respondent(s) : Mr.RK Bohra, PP Mr.MS Purohit.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
02/08/2017

Heard learned counsel for the parties. Perused the material
(2 of 3)

available on record.

By was of these revisions, the petitioners herein have

approached this Court for challenging the order dated 15.7.2015

passed by learned Additional Sessions Judge, Bikaner in revision

whereby, the revisional Court set aside the order dated

11.10.2013 passed by learned Judicial Magistrate No.3, Bikaner in

Criminal Case No.102/2013 and took cognizance against the

READ  Mallappa S/O Gireppa Ninganur vs State Of Karnataka on 17 March, 2017

petitioner Mohd. Sohail @ Suhail for the offence under Section 328

IPC and simultaneously took cognizance against the petitioners

Smt. Janna, Smt. Shamim Bano and Smt. Simran Bano to stand

trial as additional accused in the case.

Learned counsel for the petitioner urges that the order

passed by the Sessions Court is grossly illegal because the same

run contrary to the mandate of Section 398 Cr.P.C. He urges that

by virtue of Section 398 Cr.P.C., the revisional Court could at best

have remanded the matter to the trial Court for fresh

consideration. He thus urges that while setting aside the

impugned order, the revision may be allowed.

Learned counsel for the respondent no.2 is not in a position

to dispute this legal position.

In this background, these revision petitions deserve to be

and are hereby allowed. The order dated 15.7.2015 passed by

learned Additional Sessions Judge, Bikaner is modified, the

operative portion of the order whereby cognizance was taken

against the petitioners Smt. Janna, Smt. Shamim Bano and Smt.

Simran Bano for the offences under Sections 498A, 406, 323 and
(3 of 3)

328 IPC and against the petitioner Mohd. Sohail @ Suhail for the

offence under Section 328 IPC is set aside. The matter is

remanded to the trial Court for further inquiry in terms of Section

398 Cr.P.C.

Stay petitions also stand disposed of.

A copy of this order be placed in both the files.

(SANDEEP MEHTA)J.

S.Phophaliya/-

Leave a Comment

Your email address will not be published. Required fields are marked *