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2013 DIGILAW 1331 (RAJ)

Chandralekha v. State of Rajasthan

2013-07-23

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant miscellaneous petition has been preferred by the petitioner assailing the order dated 23.5.2000 passed by the learned Judicial Magistrate, Ladnu whereby the cognizance was taken against the petitioner for the offences under Sections 495/120-B, 420/120-B and 406/120-B as well as the order dated 14.6.2002 passed by the learned Addl. Sessions Judge, Didwana in revision whereby the Revision Court whilst deciding the revision filed by the petitioner relegated the petitioner to approach the trial Court with all her objections and observed that the trial Court would be competent to consider and decide such objections. 2. Learned counsel for the petitioner submits that the Revisional Court did not consider the petitioner's challenge to the order taking cognizance on merits, as such the same is deserves to be quashed. 3. Learned Public Prosecutor and the learned counsel for the complainant have opposed the arguments advanced by the learned counsel for the petitioner. 4. Heard and considered the arguments advanced at the bar. Perused the orders impugned and the record. 5. It is apparent that the Revisional Court did not decide the petitioner's objections against the order taking cognizance on merits and simply observed that the petitioner should raise the objections before the trial Court and the trial Court would be competent to decide such objections. Suffice it to say that the view taken by the Revisional Court is totally contrary to the view expressed by the Apex Court in the case of Adalat Prasad v. Roopal Jindal reported in AIR 2004 SC 4674 , wherein the Hon'ble Supreme Court held that the criminal Courts have no powers to review or recall the earlier order. 6. In this view of the matter, the Revisional Court was under an obligation to decide the revision on merits. 7. Accordingly, the miscellaneous petition is allowed. The order dated 14.6.2002 passed by learned Addl. Sessions Judge, Didwana is quashed. The matter is remanded back lo the Revisional Court to hear the arguments of the parties on revision afresh and thereafter decide the same on merits. Tire parties may appear before the Revisional Court within a period of six weeks from today and thereafter the Revisional Court shall fix the next date of hearing and then decide the revision on merits after providing an opportunity of hearing to all the parties. Record be sent back.Petition allowed. *******