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2016 DAILYLAW 1898 (RAJ)

PRATEEK LOHOMI v. STATE OF RAJASTHAN AND ANR

CRLMP/2404/2016 · 2026-03-09

Anoop Kumar Dhand

Transfer Petitionbody2016

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2404/2016 Prateek Lohomi S/o Shri Prem Chand Lohomi, R/o 645-A, Mahaveer Nagar-IInd, Kota, Rajasthan. ----Petitioner Versus 1.State Of Rajasthan, through PP. ----Respondent 2.Shri Mahaveer Suman, S/o Shri Surajmal, R/o Hatai Ka Chowk, Sakatpura, Kota, Rajasthan. ----Complainant/Respondent For Petitioner(s) : Mr. Rahul Kashyap For Respondent(s) : Mr. Narendra Singh Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 09/03/2026 1. By way of fling the instant criminal misc. petition, a challenge has been led to the impugned order dated 06.04.2025 passed by the Judicial Magistrate No.1 (South), Kota, by which cognizance has been taken against the petitioner for the offences under Sections 420, 406, 467 and 468 IPC. 2. In the considered opinion of this Court, the order of cognizance is a final order, against which a revision petition under 397 Cr.P.C. is maintainable and it is expected from the aggrieved person to approach the Sessions Court first. He cannot be allowed to bypass the jurisdiction of the revisional authority i.e., Court of Sessions. (2 of 2) [CRLMP-2404/2016] 3. On this count alone, the instant criminal misc. petition stands disposed of granting liberty to the petitioner to file a revision petition under Section 397 Cr.P.C. before the Court of Sessions. 4. In case, such revision petition is submitted by the petitioner within a period of four weeks from today, it is expected from the revisional authority to hear and decide the revision petition expeditiously as early as possible, strictly in accordance with law, ignoring the period of limitation. (ANOOP KUMAR DHAND),J KuD/22