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MOHAN DAS versus STATE AND ANOR

High Court of Rajasthan

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MOHAN DAS v STATE AND ANOR - CRLMP Case No. 735 of 1998 [2006] RD-RJ 2710 (15 November 2006)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.

ORDER

Mohan Das Vs. State and anr.

SB CRIMINAL MISC.PETITION NO.735/1998
Under Section 482 Cr.P.C.

Date of Order: 15/11/2006.
PRESENT
HON'BLE MR.JUSTICE HARBANS LAL

Mr. Sanjay Tyagi for the petitioner.
Mr. Arun Sharma P.P. for the State.
Mr. R.N. Sharma for non-petitioner NO.2.
****
BY THE COURT:-

The instant petition under Section 482 Cr.P.C. is directed against the order dated 21/4/1998 of the learned Sessions Judge, Sawai Madhopur whereby Cr.Revision No.110/1997 filed by non-petitioner No.2 has been partly allowed and after setting aside the order dated 25/9/1997 of the learned Chief Judicial Magistrate, Sawai Madhopur the buffalo which was seized u/S.102 Cr.P.C. has been ordered to be given in the custody of non-petitioner No.2 on surety. The learned C.J.M. by the aforesaid order had handed over the custody of buffalo to the SHO directing to auction it.

The brief facts are that Kajodmal, the complainant filed a complaint before the court of learned C.J.M., Sawai Madhopur on 27/9/1997 against the petitioner and Smt.Shakuntala alleging that they had stolen his buffalo on 16/8/1997. He searched for his buffalo upto 20/8/1997. When he came to know on 27/8/1997 that his buffalo was tied in the house of the accused he asked them about it whereupon accused persons abused him and started quarreling with him. He made a report at P.S. Kotwali about this and when no action was taken he made a complaint to the Superintendent of Police on 9/9/1997. The police without registering a case seized the buffalo u/S.102 Cr.P.C. The complaint filed by the complainant was forwarded u/S.156(3) Cr.P.C. whereupon F.I.R. No.405/1997 came to registered for offence under Section 379 I.P.C. and after investigation negative final report was filed. It appears that both sides claimed the ownership of the buffalo. The learned Chief Judicial Magistrate by his order 25/9/1997 declined to accept the application of both sides and directed the S.H.O. to auction the buffalo and to deposit amount so that the same could be returned to the party whose claim of the ownership of the buffalo was found established by the civil court. The said order was challenged by way of revision which was decided by the impugned-order as indicated above. Hence, this petition.

I have heard learned counsel for the parties and have perused the order of the learned Chief Judicial Magistrate as well as of the learned revisional court.

It may be stated at the outset that more than 9½ years have elapsed after the buffalo in question was seized. There is neither any stay nor the record of the court below has been called and the learned counsel for the petitioner has also not ascertained as to whether the buffalo is alive or not as was directed by this Court on 28/11/2002.

Be that as it may, I do not find any cogent and valid ground to interfere in the impugned-order in exercise of the inherent powers of this Court u/S.482 Cr.P.C. which, as per the settled law, are to be and ought to be exercised very sparingly and with circumspection to prevent the abuse of the process of the court or to secure the ends of justice. As no such case has been made out, this petition which is pending since 1998 and has yet not been admitted deserves to be dismissed.

Consequently, this petition u/S.482 Cr.P.C. is hereby dismissed.

(HARBANS LAL), J.
anil
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.

O R D E R

Mohan Das Vs. State and anr.

S.B.CR.MISC.STAY APPLICATION NO.513/1998
IN
S.B. CRIMINAL MISC.PETITION NO.735/1998
Under Section 482 Cr.P.C.

Date of Order: 15/11/2006.
PRESENT
HON'BLE MR.JUSTICE HARBANS LAL

Mr. Sanjay Tyagi for the petitioner.
Mr. Arun Sharma P.P. for the State.
Mr. R.N. Sharma for non-petitioner NO.2.
****
BY THE COURT:-

This stay application u/S.482 Cr.P.C. is disposed of in view of the dismissal of the main petition today.
(HARBANS LAL), J.

anil


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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