High Court Rajasthan High Court - Jodhpur

Lal Chand Sharma vs State & Anr on 15 September, 2009

Rajasthan High Court – Jodhpur
Lal Chand Sharma vs State & Anr on 15 September, 2009
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                                        S.B.Cr.Misc.Petition No.243/2004

    IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          AT JODHPUR

                            ORDER

       S.B.CRIMINAL MISC.PETITION NO.243/2004

                       Mahaveer & Anr.
                              Vs.
                   State of Rajasthan & Anr.


               Date of Order    ::   15/09/2009


                           PRESENT


            HON'BLE MR.JUSTICE H.R.PANWAR


Mr.R.K.Bohra for Mr.N.L.Joshi, for the petitioners.
Mrs.Rajlaxmi Singh Choudhary, Public Prosecutor for the State.


BY THE COURT:

By the instant criminal miscellaneous petition under

Section 482 Cr.P.C., the petitioners have challenged the order

dated 19.2.2004 passed by Additional Chief Judicial Magistrate,

Raisinghnagar, District Sri Ganganagar (for short “the trial

court”) whereby the trial court framed the charges against the

petitioner No.1-Mahaveer for the offences under Sections 420,

467, 468, 471 and 120-B IPC and against the petitioner No.2-

Hari Ram under Sections 467, 468 and 120-B IPC.

In view of the decision of a Coordinate Bench of this

Court in Natwar Lal Vs. State of Rajasthan & Ors. 2008(1)

Cr.L.R. (Raj.) 617, the instant criminal misc. petition is not

maintainable directly to this Court, however, it is open for the
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S.B.Cr.Misc.Petition No.243/2004

petitioners, if so aggrieved by the order dated 19.2.2004, to file

a revision petition before the concerned Sessions Judge and in

that event, the period taken during the miscellaneious petition

will not come in the way for the purpose of limitation.

The criminal misc. petition is dismissed. Stay

petition also stands dismissed.

(H.R.PANWAR), J.

NK