HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 567/2018
Vikram Singh S/o Shri Prem Singh Rathore B/c Rajput, R/o D-103,
Prem Nagar, Jhotwara, Jaipur.
1. State Of Rajasthan Through P.p.
2. Principal Secretary, Department Of Home, Government Of
Rajasthan, Secretariat, Jaipur.
3. Deputy Commissioner Of Police, Jaipur West, Jaipur
4. Assistant Commissioner Of Police, Jhotwara, Jaipur West
For Petitioner(s) : Mr. Monu Kumar
Mr. Gajendra S. Rathore
For Respondent(s) : Mr. Sher Singh Mahla, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Instant petition has been preferred under Section 482
Cr.P.C. praying therein that the adverse remarks made by the Court of
Additional Sessions Judge, No.12, Jaipur Metropolitan Jaipur in Criminal
Revision No.61/2013 decided on 30.09.2016, be expunged, as no
opportunity of hearing was afforded to the petitioner.
The learned counsel appearing for the petitioner has
submitted that the petitioner being posted as Station House Officer at
Police Station Kardhani, Jaipur forwarded the report of investigation to
the then Deputy Superintendent of Police/Circle Officer, Jhotwara,
Jaipur. Counsel has further submitted that a Final Report in negative
form was submitted.
Kamal Kumar Sharma, complainant filed a protest petition
before the Court of Judicial Magistrate, No.9, Jaipur Metropolitan Jaipur.
It is stated that on 19.06.2010 the Court of Judicial Magistrate, No.9,
Jaipur Metropolitan Jaipur took cognizance of offence punishable under
Section 406 I.P.C. against the accused – Suresh Kumar Jangid. It is
further stated that aggrieved against the same, Suresh Kumar Jangid
filed Criminal Revision Petition bearing No.61/2013. The said revision
was decided by the Court of Additional Sessions Judge, No.12, Jaipur
Metropolitan Jaipur and the said Court in its order dated 30.09.2016
affirmed the order of cognizance. It is pleaded that while deciding
revision petition on 30.09.2016 the Court of Additional Sessions Judge,
No.12, Jaipur Metropolitan Jaipur passed adverse remarks against the
Counsel appearing for the petitioner has urged that without
affording any opportunity of hearing to the petitioner, adverse remarks/
strictures could not have been passed against the petitioner. Counsel
has further urged that the principles of natural justice have not been
After hearing ld. Counsel appearing for the petitioner and ld.
Public Prosecutor appearing for the State, the present petition is
accepted. The adverse remarks/strictures made against the petitioner
by the revisional Court below are set aside. The matter is remitted back
to the Court of Additional Sessions Judge, No.12, Jaipur Metropolitan
Jaipur to pass a fresh order regarding the conduct of the petitioner,
after hearing the petitioner.
Needful shall be done by the Court of Additional Sessions
Judge, No.12, Jaipur Metropolitan Jaipur within a period of three months
from the date of receipt of certified copy of this order.
(KANWALJIT SINGH AHLUWALIA),J.
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