HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 984 / 2015
1. Mohd. Sohail @ Suhail S/O Mohd. Shafi Solanki, by caste
Muslim Gurjar, resident of Opp. Ship House, Police Station Maha
Mandir, Jodhpur.
—-Petitioner
Versus
1. State of Rajasthan.
2. Smt. Salma Bano W/O Mohd. Sohail D/o Mohd. Shafi
Chouhan, by caste Muslim Gujar, resident of near Sugni Devi
Jesraj Baid Hospital, mohalla Gujaran, Bikaner.
—-Respondents
Connected With
S.B. Criminal Revision No. 864 / 2015
1. Smt. Janna W/O Barkat Ali, by caste Muslim Ghosi Gurjar,
resident of opposite Ship House, Police Station Maha Mandir,
Jodhpur.
2. Smt. Shamim Bano W/oOMehboob Khan,
3. Smt. Simran Bano W/O Liaqat Ali,
Both by caste Muslim Ghosi Gurjar, residents of near Chhapan
Hussain Dargah, Kaga Road, Police Station Maha Mandir, Jodhpur.
—-Petitioners
Versus
1. State of Rajasthan.
2. Smt. Salma Bano W/O Mohd. Sohail D/o Mohd. Shafi
Chouhan, by caste Muslim Gujar, resident of near Sugni Devi
Jesraj Baid Hospital, mohalla Gujaran, Bikaner.
—-Respondents
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For Petitioner(s) : Mr.PN Mohanani.
For Respondent(s) : Mr.RK Bohra, PP Mr.MS Purohit.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
02/08/2017
Heard learned counsel for the parties. Perused the material
(2 of 3)
available on record.
By was of these revisions, the petitioners herein have
approached this Court for challenging the order dated 15.7.2015
passed by learned Additional Sessions Judge, Bikaner in revision
whereby, the revisional Court set aside the order dated
11.10.2013 passed by learned Judicial Magistrate No.3, Bikaner in
Criminal Case No.102/2013 and took cognizance against the
petitioner Mohd. Sohail @ Suhail for the offence under Section 328
IPC and simultaneously took cognizance against the petitioners
Smt. Janna, Smt. Shamim Bano and Smt. Simran Bano to stand
trial as additional accused in the case.
Learned counsel for the petitioner urges that the order
passed by the Sessions Court is grossly illegal because the same
run contrary to the mandate of Section 398 Cr.P.C. He urges that
by virtue of Section 398 Cr.P.C., the revisional Court could at best
have remanded the matter to the trial Court for fresh
consideration. He thus urges that while setting aside the
impugned order, the revision may be allowed.
Learned counsel for the respondent no.2 is not in a position
to dispute this legal position.
In this background, these revision petitions deserve to be
and are hereby allowed. The order dated 15.7.2015 passed by
learned Additional Sessions Judge, Bikaner is modified, the
operative portion of the order whereby cognizance was taken
against the petitioners Smt. Janna, Smt. Shamim Bano and Smt.
Simran Bano for the offences under Sections 498A, 406, 323 and
(3 of 3)
328 IPC and against the petitioner Mohd. Sohail @ Suhail for the
offence under Section 328 IPC is set aside. The matter is
remanded to the trial Court for further inquiry in terms of Section
398 Cr.P.C.
Stay petitions also stand disposed of.
A copy of this order be placed in both the files.
(SANDEEP MEHTA)J.
S.Phophaliya/-
