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Shailash & Ors vs State & Anr on 5 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3680 / 2017
1. Shailash S/o Jagdish Chandra, B/c Kalal R/o Bhabhra Alirajpura
(M.P.)

2. Smt. Manjula D/o Shri Jagdish Chandra, B/c Kalal R/o Bhabhra
Alirajpura (M.P.)

3. Jagdish Chandra S/o Nandlal, B/c Kalal R/o Bhabhra Alirajpura
(M.P.)
—-Petitioners
Versus
1. State of Rajasthan

2. Neha W/o Shailash, B/c Kalal Daughter Of– Lal Presently R/o
Khushalgarh, District Banswara.
—-Respondents
__
For Petitioner(s) : Mr.Pankaj Gupta.
For Respondent(s) : Mr.Rajesh Bhati, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
05/12/2017

This petition under Section 482 Cr.P.C. is directed against the

order dated 9.3.2017 passed by learned ACJM, Kushalgarh

whereby, charges were framed against the petitioners for the

offences under Sections 498A, 323, 406 and 504 I.P.C.

The order under challenge is purely revisable in nature. The

revision lies in the court of learned Sessions Judge, Banswara.

Thus, apparently, the instant misc. petition appears to have been

filed as a ploy to avoid the bar of limitation because the

petitioners did not challenge the said order by filing a revision

timely in the competent court. Hence, I am not inclined to
(2 of 2)
[CRLMP-3680/2017]

exercise this Court’s inherent powers so as to interfere in the

impugned order framing charge.

Accordingly, the instant misc. petition as well as stay petition

are dismissed as being devoid of merit.

(SANDEEP MEHTA),J.

/tarun goyal/

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