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2017 DIGILAW 593 (RAJ)

Razzaq S/o Peer Bux v. State of Rajasthan

2017-02-17

VIJAY BISHNOI

body2017
JUDGMENT / ORDER : 1. The defect pointed out by the office is minor in nature, therefore, the same is waived. 2. This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 11.6.2014 passed by the Addl. Sessions Judge, Nimbahera, District Chittorgarh (hereinafter referred to as the revisional court), whereby the Criminal Revision Petition NO.09/2012 filed on behalf of the petitioner has been dismissed. 3. The said revision petition was filed by the petitioner against the order dated 1.12.2010 passed by the Addl. Chief Judicial Magistrate, Nimbahera (hereinafter referred to as the trial court), whereby the trial court has accepted the negative final report submitted by the police in FIR No.284/2009 of Police Station Nimbahera, District Chittorgarh and rejected the protest petition filed by the petitioner. 4. The trial court vide impugned order dated 1.12.2010 has observed that the dispute regarding the will said to have been executed by one Vazir Bux is already pending before the civil court, where the petitioner has filed a suit challenging the validity of the said will. The trial has also observed that another criminal litigation between the parties in relation to the very same dispute is also pending in the court of ACJM, Nimbahera. 5. After taking into consideration the above facts and circumstances of the case, the trial court vide impugned order dated 1.12.2010 has accepted the negative final report submitted by the police and rejected the protest petition filed by the petitioner while holding that the police has not committed any illegality in concluding that the dispute between the parties is purely of civil nature. 6. Being aggrieved with the order passed by the trial court, the petitioner has preferred a revision petition with delay, however, the revisional court has considered the said revision petition on merits and found that the trial court has not committed any illegality in accepting the negative final report submitted by the police and rejecting the protest petition filed by the petitioner by observing that the dispute between the petitioner and the private respondents is purely of civil nature. 7. Having heard learned counsel for the petitioner and after going through the impugned orders passed by the courts below, this Court does not find any illegality in the same. 8. Moreover, this criminal misc. 7. Having heard learned counsel for the petitioner and after going through the impugned orders passed by the courts below, this Court does not find any illegality in the same. 8. Moreover, this criminal misc. petition has been filed under Section 482 Cr.P.C. but in fact it is a second revision petition, which is clearly barred under sub-section (3) of Section 397 Cr.P.C. 9. Hence, this criminal misc. petition being bereft of force is hereby dismissed. Stay petition also stands dismissed.