Gurudayal v. State of Rajasthan through Public Prosecutor
2012-03-13
MAHESH CHANDRA SHARMA
body2012
DigiLaw.ai
JUDGMENT 1. - This is a criminal misc. petition under Section 482 Cr.P.C. against the order dated 28.5.2011 passed by learned Sessions Judge, Jhunjhunu (for short the learned revisional court) in criminal revision pet. No. 224/09 by which the revision petition was dismissed and the order dated 14.7.2009 passed by learned Judicial Magistrate, 1st Class, Khetri (for short the learned trial court) in criminal case No. 256/09 was affirmed. 2. Learned counsel for the petitioner submits that both the learned courts below while passing the impugned orders have not taken into consideration the objections which the petitioner has raised through this petition. Thus, the impugned orders passed by the learned courts below be quashed and set aside and the matter be remanded to the learned trial court with the direction to decide afresh in the light of afore-mentioned submissions. 3. Learned PP has opposed the aforesaid submissions. 4. In my considered view, the learned courts below while passing the impugned orders have not gone through the facts of the case and passed the orders impugned without considering the facts and circumstances of the case. Thus, the orders impugned passed by the learned courts below need interference of this Court. 5. In the result this criminal misc. petition is allowed and the order dated 28.5.2011 passed by learned Sessions Judge, Jhunjhunu in criminal revision pet. No. 224/09 by which the revision petition was dismissed and the order dated 14.7.2009 passed by learned Judicial Magistrate, 1st Class, Khetri in criminal case No. 256/09 was affirmed, are quashed and set aside with the direction to the learned trial court to decide the matter afresh in the light of aforesaid submissions as also the objections which he has raised in this petition. Both the parties are directed to appear before the trial court on 30.4.2012.Petition allowed. *******