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2010 DIGILAW 210 (RAJ)

Satish Kumar Joshi v. State of Rajasthan

2010-01-27

MAHESH BHAGWATI

body2010
JUDGMENT 1. - By way of this criminal misc. petition filed under Section 482 of Cr.P.C. challenge is to the order dated 19th May, 2008 passed by the Additional Sessions Judge No. 9, Jaipur City, Jaipur, whereby the order of cognizance passed by the lower court has been upheld and criminal revision filed against the order of taking cognizance was dismissed. 2. Heard learned counsel for the parties and carefully perused the relevant material on record. 3. In the case of Kailash Verma v. Punjab State Civil Supplies Corporation and Anr. reported in 2005 (1) WLC (SC) Cri. 393 : (2005) 2 SCC 571 , Hon'ble Apex Court held that in view of the provisions under section 397(3) of Cr.P.C. the complainant or the accused cannot be allowed to take recourse to a second revision, but High Court can entertain a petition under section 482 of Cr.P.C. when there is serious miscarriage of justice and abuse of the process of the Court or when mandatory provisions of law are not complied with and when the High Court feels that the inherent jurisdiction is to be exercised to correct the mistake committed by the revisional court. 4. Adverting to the facts of the case it is found that the lower court had taken cognizance for an offence under section 420 of IPC as there were sufficient grounds to proceed against the petitioner Satish. The order of cognizance was assailed in the Court of Sessions and the learned Additional Sessions Judge No. 9, Jaipur City, Jaipur found the order of taking cognizance rendered by the lower court to be apt and just. The learned Additional Sessions Judge is found to have discussed the facts of the case in detail and considering for both the parties, arrived at a conclusion that the offence under Section 420 of IPC was prima facie made out and there was sufficient ground to proceed against the petitioner Satish. There is no material on record which may lead this Court to invoke inherent jurisdiction conferred under Section 482 of Cr.PC. Thus, the criminal misc. petition is found to be devoid of substance and the same deserves to be dismissed.For the reasons stated above, the criminal misc. petition being berefit of merit stands dismissed at the threshold.Petition Dismissed. *******