HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
HON’BLE MR. JUSTICE SANDEEP MEHTA
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,
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.
(SANDEEP MEHTA), J.