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RAJESH GIRI AND ANR versus STATE

High Court of Rajasthan

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RAJESH GIRI AND ANR v STATE - CRLMP Case No. 575 of 2004 [2007] RD-RJ 1562 (30 March 2007)

(1)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CRIMINAL MISC. PETITION NO. 575/2004

RAJESH GIRI & ANR. Vs. STATE OF RAJASTHAN

DATE: 30.03.2007.

HON'BLE MR. K.S. RATHORE, J.

Mr. Manu Bhargava for the accused-petitioners.

Mr. Ashwini Sharma, Public Prosecutor for the State.

Mr. Hawa Singh for the complainant.

****

The present misc. petition under Section 482

Cr.P.C. is preferred by the accused-petitioners against the order dated 11.05.2004 passed by the Additional

Sessions Judge No.1, Jaipur City, Jaipur in Criminal

Revision No. 34/2004,, whereby he dismissed the criminal revision filed by the petitioners against the order dated 28.01.2004 passed by the Additional Civil

Judge (Jr. Division) & Judicial Magistrate No.9, Jaipur city, Jaipur in Criminal Case No. 47/2001, whereby charge for the offence under Section 498-A IPC has been framed against the petitioners.

As already observed in the connected Misc.

Petition No. 837/2001 filed by the petitioners against the cognizance order that the Court below has thoroughly considered each and every aspect and has observed that prima-facie case is made out against the

(2) petitioners for the offence under Section 498-A IPC and in this misc. petition also, concurrent findings are given by the trial Court as well as the Revisional

Court and observed that prima-facie case under Section 498-A IPC is made out and for framing of the charge it is sufficient to see whether offence under Section 498-

A IPC is prima-facie made out or not?

In such circumstances, I find no merit in the present misc. petition and the same deserves to be dismissed and is hereby dismissed without interfering in the orders passed by both the Courts below.

(K.S. RATHORE),J. /KKC/


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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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