IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Petition No.1115/2007 Date of Order :: 24th May, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rajesh Mootha, Counsel for the petitioner Mr. G.S. Fauzdar, PP for the State of Rajasthan BY THE COURT:
By way of this Criminal Misc. Petition, the petitioner is found to have impugned the order dated 28th May, 2007 passed by the Additional Chief Judicial Magistrate, Malpura.
Having heard the learned counsel for the petitioner as also the learned PP appearing for the State and perused the impugned order, it is found that on the date of hearing, the petitioner-complainant was present in the court and he was asked as to what was the cause of the incident. Since the petitioner-complainant could not disclose the cause of incident, the court recorded this fact in the order-sheet, which runs thus:
“??????? ???? ???? ?? ????? ??? ?? ???? ?? ???? ??? ?????”
This statement recorded by the Court cannot prejudice the Court nor can prejudice the complainant himself. It cannot influence the findings of the instant criminal case also. Criminal Misc. Petition is found to be totally frivolous and misconceived. I am afraid as to what ultimately made the complainant-petitioner to file this Criminal Misc. Petition and the learned counsel for the petitioner also failed to convince the Court as to what order did he expect from the Court in this case? Thus, the Criminal Misc. Petition filed under Section 482 of CrPC being totally devoid of any merit or any substance deserves to be dismissed outrightly, which stands dismissed accordingly.
(MAHESH BHAGWATI),J.
DK/-