BHANWARLAL Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The instant miscellaneous petition has been preferred by the petitioner against the order dated 19.2.2010 passed by the learned Addl. Sessions Judge (F.T.) Parbatsar in revision whereby the Revisional Court rejected the revision filed by the petitioner against the order dated 17.2.2007 passed by the learned Judicial Magistrate, 1st Class, Nawa City in Cr. Case No. 286/2006 discharging the respondent from the offence under Sec. 406 I.RC.

(2.) Learned counsel for petitioner contends that the learned Magistrate discharged the respondent no. 2 from the offence under Sec. 406 Indian Penal Code without any justification. He contends that the petitioners revision was dismissed by the learned Addl. Sessions Judge holding it to be not maintainable without any justification. He contends that the Revisional Court held that the State had already challenged the order in another Revision No. 55/2007 which was rejected by the learned Addl. Sessions Judge and as such the petitioners revision amounted to a second revision. Learned counsel urges that the order passed by the learned Revisional Court be reversed and the matter be remanded back for fresh disposal of the petitioners revision on merits as the revision filed by the petitioner in the Court of Addl. Sessions Judge (F.T.) Prabatsar was not considered and decided on merits.

(3.) Learned counsel for the petitioner was given an opportunity to argue the matter on merits. He addressed the Court on merits and urged that the field in question was given by the petitioner to the respondent no. 2 for cultivating the same with the understanding that the petitioner would be entitled to half of the agriculture produce whereas the remaining half would be of the accused. Learned counsel submits that contrary to the understanding, the accused misappropriated the total agriculture produce and thereby committed a criminal breach of trust. Learned counsel thus submits that the matter deserves to be sent back to the trial court by reversing the order of discharge and that the accused should be put to trial for the offence u/s. 406 IPC.