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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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/-
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