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Mahendra Jain vs State on 16 January, 2018

S.B. Criminal Misc(Pet.) No. 2167 / 2015
Mahendra Jain Proprietor Mahendra Jawellars, Soni Ki Khidki, 1st
Floor, Manak Chowk, Ahemadabad (Gujarat)

The State of Rajasthan
For Petitioner(s) : Mr. Pankaj Gupta
For Respondent(s) : Mr. Deepak Choudhary, PP
Judgment / Order

Heard learned counsel for the parties. Perused the material

available on record.

By way of this petition under Section 482 Cr.P.C., the

petitioner accused has approached this Court for challenging the

order dated 24.7.2015 passed by learned Addl. Sessions Judge

No.3, Udaipur whereby the Revisional Court, while discharging the

petitioner from the offence u/s. 420 IPC maintained the charge

framed u/s. 406 IPC against the petitioner vide order dated

27.2.2015 passed by learned Judicial Magistrate, Ist Class No.2,

North, Udaipur.

Considering the fact that two competent courts have

recorded concurrent findings of facts in the orders under challenge

to the extent of the offence under Section 406 IPC, I am not
(2 of 2)

inclined to exercise this Court’s inherent powers u/s. 482 Cr.P.C.

so as to interfere therein.

Thus, the misc. petition is dismissed as being devoid of

merit. The stay application also stands dismissed. Record be

returned to the trial Court forthwith.



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