TEJ RAJ MISHRA versus STATE & ANR.

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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TEJ RAJ MISHRA v STATE & ANR. - CRLMP Case No. 1284 of 2006 [2007] RD-RJ 3741 (2 August 2007)

S.B.CRIMINAL MISC. PETITION NO.1284/2006

Date : 02.08.2007

HON'BLE MR. SATYA PRAKASH PATHAK, J.

Mr. K.S. Rathore for the petitioner.

By moving the present criminal misc. petition under

Section 482 Cr.P.C., the petitioner has challenged the order dated 22.05.2006 passed by learned Judicial Magistrate, Sojat City in

Criminal Trial No.196/2006, whereby the learned trial court took cognizance of offences under Sections 409, 467, 468, 471, 420 and 201 IPC.

It is not in dispute that appropriate provisions are there in the Code of Criminal Procedure for challenging the order impugned by way of revision and filing of a petition under Section 482 Cr.P.C. straightaway cannot be said to be right approach.

The misc. petition stands dismissed as not maintainable with the observation that the petitioner shall be free to move revision petition before the concerned Court and the time spent in pursuing the remedy before this Court shall not come in way of the petitioner for the purpose of calculating the period of limitation.

(SATYA PRAKASH PATHAK), J.

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