Rajasthan High Court - Jaipur
State Of Rajasthan & Anr vs State Of Rajasthan & Anr. Has Quashed The ... on 10 October, 2014
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.1956/2012. Abhimanyu Golcha Vs. State of Rajasthan & Anr. Criminal Misc.Petition u/S.482 Cr.P.C. against the order dated 28/02/2009 passed by the Court of learned Additional Sessions Judge, Dausa in Criminal Revision No.12/2007 (Old 58/2005) by which, the same was dismissed and the order dated 05/04/2005 passed by the court of learned Additional Chief Judicial Magistrate, Dausa in Case No.912/2003 taking cognizance against the petitioner for offence u/S.203 of the Rajasthan Municipalities Act has been upheld. Date of Order:- October 10, 2014. HON'BLE MRS. JUSTICE NISHA GUPTA Shri S.S. Hora for the petitioner. Shri Prakash Thakuriya, Public Prosecutor. **** BY THE COURT:-
This petition u/S.482 Cr.P.C. has been filed on behalf of the petitioner against the impugned-order dated 28/02/2009 passed by the Court of learned Additional Sessions Judge, Dausa in Criminal Revision No.12/2007 (Old 58/2005) by which, the same was dismissed and the order dated 05/04/2005 passed by the court of learned Additional Chief Judicial Magistrate, Dausa in Case No.912/2003 taking cognizance against the petitioner for offence u/S.203 of the Rajasthan Municipalities Act has been upheld.
2) The contention of the counsel for the petitioner is that vide order dated 05/04/2005, cognizance has been taken against the petitioner and Surendra Kumar Golcha on the like allegations and Hon'ble Apex Court in Criminal Appeal No.985/2014 arising out of S.L.P. (Crl.) No.2757/2012 : Surendra Kumar Golcha Vs. State of Rajasthan & Anr. has quashed the prosecution against Surendra Kumar Golcha. Case of the petitioner is identical with him hence, this petition deserves to be accepted.
3) The Public Prosecutor is also agreeable to the legal scenario in view of the judgment of the Apex Court rendered in Surendra Kumar Golcha supra.
4) Heard learned counsel for the parties and perused the impugned-order as well as the judgment of the Apex Court rendered in Surendra Kumar Golcha supra and I am of the considered view that case of the present petitioner is squarely covered by the said judgment.
In view of the above, this petition u/S.482 Cr.P.C. succeeds and is allowed. The impugned-order dated 28/02/2009 passed by the Court of learned Additional Sessions Judge, Dausa dismissing Criminal Revision No.12/2007 (Old 58/2005) and the order dated 05/04/2005 passed by the court of learned Additional Chief Judicial Magistrate, Dausa in Case No.912/2003 taking cognizance against the petitioner for offence u/S.203 of the Rajasthan Municipalities Act, are quashed.
(NISHA GUPTA), J.
Anil/32 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Anil Goyal (Sr. P.A.