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Judgments of Supreme Court of India and High Courts

Jala Ram vs State Of Rajasthan on 23 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5662/2019

1. Jala Ram S/o Shri Dheema Ram, Aged About 50 Years,

2. Indira W/o Shri Jala Ram, Aged About 42 Years,
Both By Caste Bishnoi, R/o Village Sedia, Tehsil Sanchore,
District Jalore.

—-Petitioners
Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Moomal W/o Sh. Jala Ram D/o Late Sh. Ram
Chandra, By Caste Bishnoi, R/o Village Sankad, Police
Station Sanchore, District Jalore.

—-Respondents

For Petitioner(s) : Mr. Aidan Choudhary
For Respondent(s) : Mr. Guarav Singh, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

23/10/2019

Instant misc. petition has been filed against the order dated

21.08.2019 passed by learned Additional Sessions Judge,

Bhinmal, Camp at Sanchore whereby the learned Judge dismissed

the revision of the petitioners for non-prosecution and affirmed

the order dated 25.06.2014 passed by learned Addl. Chief Judicial

Magistrate, Sanchore whereby the learned trial court framed the

charges against the petitioners for offences under Sections 498A,

Section323, Section406, Section494 IPC.

Counsel for the petitioners submits that the revisional court

has dismissed the revision of the petitioners for non-prosecution

without hearing the petitioners or their counsel. Counsel prays

that the matter may be remanded and the revisional court may be

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(2 of 2) [CRLMP-5662/2019]

directed to decide the revision on merits after hearing the

petitioners.

Learned Public Prosecutor does not oppose the prayer made

by the counsel for the petitioners.

On the perusal of the order impugned, it would reveal that

the revisional court has dismissed the revision for non-prosecution

without hearing the petitioners. The revisional court has not

decided the revision on merits.

Therefore, the impugned order dated 21.08.2019 passed by

the learned Additional Sessions Judge, Bhinmal, Camp at

Sanchore is set aside and the matter is remanded back to the

revisional court with the direction to decide the revision on merits

after hearing the parties within a period of three months from the

date of this order.

The misc. petition stands disposed of accordingly.

Stay application is also decided.

(MANOJ KUMAR GARG),J
133-MS/-

(Downloaded on 23/10/2019 at 09:02:18 PM)

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