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Rajasthan High Court - Jaipur

Choturam Gurjar S/O Sh. Narayan Gurjar vs State Of Rajasthan on 19 January, 2022

Author: Farjand Ali

Bench: Farjand Ali

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7335/2021

Choturam Gurjar S/o Sh. Narayan Gurjar, R/o Lasadiya, Tehsil
Chaksu, District Jaipur (Rajasthan).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     S.r. Finances, Propritor Vinay Baid S/o Sh. Ratan Lal Baid,
       Office G-1 Pink Tower Rajasthan Hospital Ke Pass, Sahara
       Chembar      Ke    Piche,       Tonk      Phatak,        Jaipur-   302015
       (Rajasthan).
                                                                ----Respondents

For Petitioner(s) : Mr. R.B. Sharma, through VC. For Respondent(s) : MR. M.S. Saini, PP.

HON'BLE MR. JUSTICE FARJAND ALI Order 19/01/2022 By way of filing the instant misc. petition, challenge has been made to the order dated 04.07.2017 passed by the Special Metro Magistrate (NI Act Cases) No.1, Jaipur Metro, whereby the learned Magistrate took cognizance of the offence and issued process against the petitioner as well as the order dated 5.10.2021 whereby an application preferred by the petitioner for dropping the proceedings has been dismissed.

Heard learned counsel for the petitioner and learned Public Prosecutor. There is statutory provision under Section 362 of Cr.P.C. that a criminal Court cannot review its own order expect typographical, clerical or arithmetical error. This Court is aptly guided by the judgment passed by the Hon'ble Supreme Court in (Downloaded on 25/01/2022 at 09:42:44 PM) (2 of 2) [CRLMP-7335/2021] the matter of Adalat Prasad versus Rooplal Jindal and Ors. (2004) 7 SCC 338.

In this view of the matter, the submissions made by the counsel for the petitioner are devoid of any merit and deserves dismissal. The petitioner would be at liberty to raise his questions before the learned trial Court at appropriate stage.

The criminal misc. petition is dismissed. Stay application also stands dismissed.

(FARJAND ALI),J PREETI VALECHA /53 (Downloaded on 25/01/2022 at 09:42:44 PM) Powered by TCPDF (www.tcpdf.org)