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2019 DAILYLAW 3156 (RAJ)

SMT. MANJU SWAMI W/O SHRI RAJENDRA KUMAR SHARMA v. STATE OF RAJASTHAN

CRLMP/6964/2019 · 2026-03-09

Anoop Kumar Dhand

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6964/2019 1. Smt. Manju Swami W/o Shri Rajendra Kumar Sharma, R/o Bhutya Khal Ki Gali, Balchand Pada, Bundi, Raj., At Present R/o Near Bhang Ka Theke Ki Gali, Tehsil Road, Shankar Colony, C/o House Of Bahadur Sharma, Town Keshorai Patan, District Bundi, Raj. 2. Rajendra Kumar Sharma S/o Shri Hazari Lal Dubey, R/o Bhutya Khal Ki Gali, Balchand Pada, Bundi, Raj., At Present R/o Near Bhang Ka Theke Ki Gali, Tehsil Road, Shankar Colony, C/o House Of Bahadur Sharma, Town Keshorai Patan, District Bundi, Raj. ----Petitioners Versus 1. State of Rajasthan, Through PP. 2. Manish Gautam S/o Shri Mahaveer Sharma, R/o Bhutya Khal Ki Gali, Balchand Pada, Bundi, Raj. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 09/03/2026 1. By way of filing the instant petition, a challenge has been led to the impugned order dated 19.12.2018, passed by the Chief Judicial Magistrate, Bundi by which cognizance has been taken against the accused petitioners for the offences under Sections 420, 467, 468, 471 and 120-B IPC. 2. Aggrieved by the aforesaid order, the petitioners have approached this Court by way of filing the instant petition under Section 482 Cr.P.C. (2 of 2) [CRLMP-6964/2019] 3. In the considered opinion of this Court, the order of framing of charge/order of discharge is a final order and the same is revisable under Section 397 Cr.P.C. before the Court of Sessions. The accused cannot be allowed to bypass the jurisdiction of the first revisional authority i.e. the Court of Sessions assailing the order of framing of charge. 4. On this count alone, the present misc. petition stands disposed of, granting liberty to the petitioners to assail the impugned order before the Court of Sessions, in case the Trial Court has not proceeded and reached its final conclusion. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/2