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2014 DIGILAW 1717 (RAJ)

Dhanna Ram v. State of Rajasthan

2014-10-28

SANDEEP MEHTA

body2014
JUDGMENT 1. - By way of the instant misc. petition, the petitioner has challenged the order dated 24.6.2014 passed by the learned Sessions Judge, Sirohi in revision whereby, the revision preferred by the petitioner against the order dated 11.12.2003 passed by the learned Judicial Magistrate 1st Class, Sheoganj taking cognizance for the offences under Sections 420, 467, 468, 471 and 120B IPC was dismissed on the ground of being time barred. 2. Learned counsel for the petitioner submits that the Police gave a Final Report in the matter. The trial court took cognizance and summoned the petitioner but the summons were never served on him. When the petitioner came to know of the order taking cognizance, he immediately applied for copies and filed a revision before the concerned Sessions Court within a period of 90 days from the date of knowledge. He, therefore, prays that the order passed by the revisional court be quashed and the matter be remanded back to the revisional court for deciding the revision afresh on merits after condoning the delay. 3. Notices of this petition were sent to the respondent No.2 complainant. No-one has put in appearance on her behalf despite service. 4. Upon going through the proceedings placed on record, it is evident that the learned Magistrate took cognizance on the basis of Final Report submitted by the Police. The petitioner was not served with the process pursuant to the order taking cognizance. It is claimed that as soon as the process was served on him, the petitioner applied for the copies and file the revision within a period of 90 days from the date of knowledge. In this view of the matter, this Court is of the opinion that the learned Sessions Judge, Sirohi erred in not condoning the delay occasioned in filing of the revision and deciding the revision on merits. 5. The misc. petition is thus allowed. The order dated 24.6.2014 passed by the learned revisional court is quashed. The matter is remanded back to the revisional court for deciding the revision afresh after giving opportunity of hearing to both the parties. The petitioner shall appear before the revisional court on 8.12.2014 where after the revisional court shall issue notice to the respondent No.2 complainant and decide the revision afresh on merits.Petition allowed. *******