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2025 DAILYLAW 6835 (RAJ)

SHYAM BABU PAREEK AND ANR v. STATE

CRLR/868/2006 · 2025-07-02

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:24308] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 868/2006 Shyam Babu Pareek Son of Late Shri Radhey Shyam Pareek Resident of B-4, Shiv Marg, Bani Park, Jaipur ----Petitioner Versus 1. State of Rajasthan, Through PP 2. Arun Kumar Gupta S/o Prahlad Kishan Resident of 203, Agarwal Complex, Ramganj Chopar, Jaipur ----Complainant For Petitioner(s) : Mr. Rinesh Gupta with Mr. Saurabh Pratap Singh Chauhan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/07/2025 1. Considered submission of Mr. Rinesh Gupta and learned Public Prosecutor. 2. Instant revision petition is preferred by petitioner Shyam Babu Pareek aggrieved from order dated 01.06.2006 in criminal revision petition No. 256/2005 passed by learned Special Judge (Prevention of Sati) and Additional Sessions Judge, Jaipur City, Jaipur whereby on application filed by respondent-complainant Arun Kumar against dismissal of complaint case No. 29/2004 on 24.08.2004, learned Revisional Court has set aside the order and remitted back the matter to the Trial Court for consideration afresh on basis of direction as given by learned Revisional Court. 3. During course of argument, learned counsel for petitioner submits that not a single iota of evidence is available on record for [2025:RJ-JP:24308] (2 of 2) [CRLR-868/2006] taking cognizance under Section 500 and 120-B of IPC, therefore, the Trial Court has dismissed the complaint but exceeding the jurisdiction as provided under Section 397 and 401 of Cr.P.C., learned Revisional Court has set aside the impugned order and remitted back the matter for final consideration and this revision petition is preferred by petitioner only on ground that Revisional Court has set aside the order without any cogent reason. 4. Learned counsel for petitioner submits that no order of cognizance has been passed by any of the Court and no observation has been made against the petitioner, therefore, petitioner offers to withdraw instant revision petition with liberty to file and challenge the order if any order is passed against the petitioner. 5. In view of aforesaid, instant revision petition is dismissed as withdrawn with liberty as aforesaid. 6. Pending application(s), if any, also stands disposed. (ASHOK KUMAR JAIN),J MONU /10