Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3582/2025 Babulal S/o Lakshman Ram, Aged About 51 Years, Resident Of Jhajjar Ki Dhani, Mundghisya, Tehsil Baswa, District Dausa, Rajasthan. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Aditya Doda For Respondent(s) : Mr. Jitendra Singh Rathore, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 03/07/2025
Learned counsel for the petitioner has filed the instant criminal misc. petition under Section 528 of BNSS in order to challenge the order dated 16.12.2022 passed by the learned Additional Sessions Judge, Sikrai, District Dausa in respect of FR No. 441/2016 arising out of FIR No. 439/2016 whereby the revision petition, which was filed being aggrieved by acceptance of negative FR, has been rejected.
Learned counsel for the petitioner would submit that while deciding the revision petition, learned Revisional Court has not properly appreciated the record of the trial Court, where without properly examining the statements, in mechanical manner negative FR has been accepted by the Court below and protest petition filed by the petitioner has been rejected.
(2 of 2) [CRLMP-3582/2025] I have examined the record of the case and carefully heard the arguments put forward by learned counsel for the petitioner.
Learned counsel for the petitioner has utterly failed to submit any explanation whatsoever on challenging the order dated 16.12.2022 after a delay of around two and a half years whereas the order dated 16.12.2022 was passed in presence of counsel for the petitioner. Even otherwise, on examining the impugned order on merits, it reveals that the Revisional Court has properly examined the record and has taken into consideration that during investigation the statements recorded by the Investigating Officer, revealed that contradictory statements have been given by the witnesses, which were not sufficient to make out any offence against the accused- person. No perversity or material illegality has been committed by the Revisional Court in rejecting the revision petition vide order dated 16.12.2022. Even otherwise, petitioner has utterly failed to point out any miscarriage of justice arising out of order dated 16.12.2022, which has been passed after proper analysis of the entire record. In view of the above, no case is made out to interfere in the criminal misc. petition and the same is hereby dismissed.
(ANAND SHARMA),J Neeru/99