Rajasthan High Court - Jaipur
Roopnarayan Sharma Son Of Late Shri ... vs State Of Rajasthan on 11 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8121/2018
1. Roopnarayan Sharma Son Of Late Shri Suwalal, By Caste
Hariyana Brahmin, R/o Village Golyawas, Dhani
Beedwalon Ki, Police Station Mansarovar, Jaipur (Raj.)
2. Sitaram Sharma Son Of Late Shri Suwalal, By Caste
Hariyana Brahmin, Aged About 59 Years, R/o Village
Golyawas, Dhani Beedwalon Ki, Police Station Mansarovar,
Jaipur (Raj.)
3. Mangilal Son Of Shri Roop Narayan, By Caste Hariyana
Brahmin, Aged About 37 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
4. Suresh Son Of Shri Roop Narayan, By Caste Hariyana
Brahmin, Aged About 34 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
5. Babu Son Of Shri Bal Sagar, By Caste Hariyana Brahmin,
Aged About 30 Years, R/o Village Golyawas, Dhani
Beedwalon Ki, Police Station Mansarovar, Jaipur (Raj.)
6. Munna Son Of Shri Sitaram, By Caste Hariyana Brahmin,
Aged About 23 Years, R/o Village Golyawas, Dhani
Beedwalon Ki, Police Station Mansarovar, Jaipur (Raj.)
7. Smt. Kalli Wife Of Shri Sitaram, By Caste Hariyana
Brahmin, Aged About 53 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
8. Smt. Bhuri Wife Of Shri Roop Narayan, By Caste Hariyana
Brahmin, Aged About 57 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
9. Smt. Prem Wife Of Shri Mangilal, By Caste Hariyana
Brahmin, Aged About 32 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
10. Smt. Santosh Wife Of Shri Suresh, By Caste Hariyana
Brahmin, Aged About 30 Years, R/o Village Golyawas,
Dhani Beedwalon Ki, Police Station Mansarovar, Jaipur
(Raj.)
(2 of 3) [CRLMP-8121/2018]
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Gyarsilal Son Of Ramu Lal Sharma, By Caste Hariyana
Brahmin, R/o Village Golyawas, Dhani Beedwalon Ki,
Police Station Mansarovar, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Ramawatar Sharma For Respondent(s) : Ms. Meenakshi Pareek PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
11/01/2019 The present petition has been filed under Section 482 Cr.P.C. to assail the order dated 22.6.2017 passed by Metropolitan Magistrate No.20, Jaipur Metropolitan in Criminal Case No.93/09 titled State vs. Roop Narayan & Ors., wherein in the protest petition filed on the basis of preliminary evidence led, cognizance of offences under Sections 143 and 323 IPC has been taken against the petitioners. It is further prayed that the order passed by the revisional court below on 29.11.2018 whereby the order passed by the court of Magistrate was affirmed be also set aside.
Learned counsel for the petitioners has submitted that the complainant party has caused injuries to the family members of the petitioners falling within the ambit of Section 307 IPC. Learned counsel for the petitioners has contended that the version given by the complainant is cross version to the version unfolded by the family of the petitioners. Learned counsel for the petitioners has submitted that the petitioners were not present at the spot. It is further contended that there are contradictions in (3 of 3) [CRLMP-8121/2018] preliminary evidence led by the parties and the petitioners have been falsely implicated in the case.
The court of Magistrate after appreciating the preliminary evidence has taken cognizance of offences under Section 143 and 323 IPC. The revisional court below has affirmed the said order of cognizance. This Court being third court shall refrain to tread on the path of re-appreciation and re-evaluation of the evidence. As to which party was aggressor, as to how the occurrence has taken place and what is the origin and genesis of the occurrence, all are in realm of appreciation of evidence. The orders passed by the two courts below suffers from no infirmity. Even no patent illegality is discernible in the orders impugned.
Consequently, no interference is warranted and the present petition being devoid of merit is dismissed.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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