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Vikram Singh vs State Of Raj And Ors on 7 March, 2019

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.

—-Petitioner

Versus

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
Metropolitan, Jaipur.

4. Assistant Commissioner Of Police, Jhotwara, Jaipur West

—-Respondents

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

/ Order

07/03/2019

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

petitioner.

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

adhered to.

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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