HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 582/2004 State of Rajasthan through PP ----Petitioner Versus Deepak Kumar son of Manohar Lal Arora resident of Badiyal Road, Bandikui at present Budhvihar, Alwar ----Respondent For Petitioner(s) : Mr. Vijay Singh Yadav, PP For Respondent(s) : Mr. Manish Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/05/2025 1. Aggrieved from order of discharge dated 20.03.2004 in sessions case No.15/2004 passed by learned Additional Sessions Judge, Bandikui, District-Dausa, instant petition is preferred by State to challenge discharge of respondent-accused Deepak Kumar from charge under Section 436 IPC. 2. Considered submissions of learned Public Prosecutor and learned counsel for respondent. 3. Having considered the fact that report was registered by landlord only on suspicion, as respondent accused has removed his articles and goods from the shop and thereafter fire has broke out in the said shop, a report was registered. The landlord has suspected that respondent accused has set fire in shop, vacated by him. 4. Having gone through the investigation by police and also material placed on record, no specific evidence was collected by police so as to nail the accused from direct or circumstantial (2 of 2) [CRLR-582/2004] evidence. It was only on ground of suspicion without support of any evidence, the respondent accused was forwarded to face the trial. The trial court after considering the entire material has opined that no sufficient evidence is available to constitute ingredients under Section 436 IPC, therefore, discharged the respondent accused. 5. There is no perversity or illegality in the order passed by trial court, hence revision petition sans merits and liable to be dismissed. 6. Accordingly, revision petition is hereby dismissed. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /02