MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal misc. petition the accused petitioner has challenged the impugned order dated 12.7.2002 passed by learned Addl. Sessions Judge No. 2, Sikar Camp Srimadhopur (for short "the learned revisional Court ") in Criminal Revision Petition No. 29/2002, by which he confirmed the order dated 15.4.2002 passed by learned Addl. Chief Judicial Magistrate, Srimadhopur District Sikar (for short "the learned trial Court ") in Criminal Complaint Case No. 48/2002, by which time barred cognizance has been taken against the petitioner for the offence under Sections 323 and 341 I.P.C.

(2.) Without going into merits of the case learned counsel for the accused-petitioner submits that the order impugned passed by the learned revisional Court be quashed and set aside and the matter be remanded to the learned revisional Court with the direction to decide the matter afresh after taking into consideration the judgment passed in the case of Ramesh Chandra Sinha and others v. State of Bihar and others, 2003 (7) SCC 254 . The aforesaid submission is not controverted by the learned Public Prosecutor.

(3.) In the result, this criminal misc. petition is allowed and the order dated 12.7.2002 passed by learned Addl. Sessions Judge No. 2, Sikar Camp Srimadhopur in Criminal Revision Petition No. 29/2002 is quashed and set aside. Tire learned revisional Court shall decide the matter afresh after taking into the aforesaid judgment, as cited by the learned counsel for the petitioner, within a period of one month from the date of receipt a certified copy of this order Petition disposed of.