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1986 DIGILAW 717 (RAJ)

Sushil Kumar v. State of Rajasthan

1986-10-23

G.M.LODHA

body1986
JUDGMENT 1. This criminal misc. petition deserves to be dismissed on very short point that the petitioner who now wants to become a party in a proceeding under Section 145 Cr. P.C. was indifferent, inactive for long period from 1978 to 1983. This fact is not contradicted by the learned counsel, nor there is any fact on the record which he can show to accept this court that there was any sufficient reasonable bonafide cause for not knowing the proceedings from 1978 to 1983. 2. It is well known that proceedings under Section 145 Cr. P.C. are in nature of summary proceedings and they have been some times termed as 'police proceedings' by the Apex court. The judgment of section ;45 Cr P.C. is always subject to the judgment of civil court. That being so I do not find that the rejecting an application for becoming a party which has been given belatedly, there has been any abuse of process of court. Jurisdiction of Section 482 Cr. P.C. is limited and exceptional, extraordinary and it should be resorted to only when there has been any abuse of process of court and when the court thinks that interference is necessary for enforcing any of the provisions of the Criminal Procedure Code or it becomes necessary in the interest of justice. None of the conditions are present in the present case. 3. Consequently, the application under Section 482 Cr. P.C. is dismissed.Petition dismissed. *******