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Rajasthan High Court - Jodhpur

Veera Ram & Anr vs State & Ors on 8 July, 2008

Author: Prakash Tatia

Bench: Prakash Tatia

                                         SB Cr. Misc. Petition No.1635/2006
                                          Veera Ram & Anr. Vs. State & Ors

                                 {1}

        S.B. Cr. Misc. Petition No.1635/2006
                   Veera Ram & Anr.
                          vs
              State of Rajasthan & Ors.
DATE OF ORDER : - 8.7.2008

           HON'BLE MR. PRAKASH TATIA, J.

Mr.TC Sharma, for the petitioners. Mr.Naresh Khatri, for the respondent.

<><><> Heard learned counsel for the parties.

The petitioner is aggrieved against the order of the learned Addl. Sessions Judger, Fast Track, Balotra, Barmer passed in Cr. Revision Petition No.3/2006 by which the learned Addl. Sessions Judge set aside the order of the Executive Magistrate dated 18th Oct., 2004 and remanded the matter to the Executive Magistrate with direction to give full opportunity to the non-petitioner and decide the matter afresh after taking note of the fact that non - petitioner shown apprehension that he may not get justice from the concerned Executive Magistrate and he tried to get the matter transferred from his court unsuccessfully the non - petitioner therefore, had apprehension that the Executive Magistrate may not do justice to him.

SB Cr. Misc. Petition No.1635/2006 Veera Ram & Anr. Vs. State & Ors {2} After going through the detailed reasons given by the Addl. Sessions Judge, this Court found no illegality in the said order and no case is made out for interference by this Court by exercising power under Section 482 Cr.P.C.

Hence, this misc. petition is hereby dismissed. However, the Executive Magistrate is directed to decide the matter within a period of six months from the date of receipt of the copy of this order, which may be supplied by the petitioner to the learned Magistrate. The respondent shall cooperate in deciding the matter expeditiously and shall not seek any adjournment.

(PRAKASH TATIA), J.

c.p.Goyal/-