High Court Rajasthan High Court - Jodhpur

Ranveer Singh & Ors vs State & Anr on 15 September, 2009

Rajasthan High Court – Jodhpur
Ranveer Singh & Ors vs State & Anr on 15 September, 2009
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                                          S.B.Cr.Misc.Petition No.985/2008

    IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR

                             ORDER

       S.B.CRIMINAL MISC.PETITION NO.985/2008

                     Ranveer Singh & Ors.
                               Vs.
                    State of Rajasthan & Anr.


                Date of Order       ::   15/09/2009


                            PRESENT


             HON'BLE MR.JUSTICE H.R.PANWAR


Mr.N.L.Joshi, for the petitioner.
Mr.O.P.Singaria, Public Prosecutor for the State.


BY THE COURT:

By the instant criminal miscellaneous petition under

Section 482 Cr.P.C., the order dated 1.2.2008 passed by

Sessions Judge, Churu (for short, “the Revisional Court”

hereinafter) has been challenged by the petitioners.

It appears that Judicial Magistrate, First Class,

Churu (for short, “the trial court” hereinafter) by order dated

28.10.2003 took the cognizance of the offences under Sections

323, 504 and 500 IPC against the petitioners and issued

process against them. That order came to be challenged by way

of revision petition before the revisional court. The revisional

court partly allowed the revision petition and order taking

cognizance for the offences under Sections 504 and 500 IPC
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S.B.Cr.Misc.Petition No.985/2008

against the petitioners was set aside. However, the order taking

cognizance for the offence under Section 323 IPC was

maintained. It was left open for the petitioners to move before

the trial court if they claim protection under Section 197 Cr.P.C.

Aggrieved by that order, the instant petition has been filed.

I have heard learned counsel for the parties.

Carefully gone through the order impugned as also record of

the trial court.

The injury report Exhibit-1 shows that the injured-

complainant Arif Mohammed has suffered as many as seven

injuries. In his statement, he has specifically stated that such

injuries have been caused by the petitioner. In the

circumstances, therefore, in my view, the order taking

cognizance for the offence under Section 323 IPC cannot be

said to have been suffering from any error or illegality

warranting any interference in the inherent jurisdiction of this

Court.

In this view of the matter, I do not find any merit in

this criminal misc.petition and the same is, therefore,

dismissed. Record of the trial court be returned forthwith.

(H.R.PANWAR), J.

NK