SILOCHNA (SMT.) Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Crimial P.C. praying that the order dated 22.8.2012 passed by the Judicial Magistrate, First Class, Rajgarh District Churu and affirmed by the Revisional Court vide order dated 7.6.2013 be set aside.

(2.) It is submitted that an application was filed by the accused/petitioner that re-trial of the case be held as the Magistrate who recorded the evidence was transferred. In support of this contention, reliance was placed by the counsel for the petitioner in the Trial Court on Nitinbhai Saevatilal Shah & Anr Vs. Manubhai Manjibhai Panchal, 2011 Cr.LR (SC) 852 : 2011 (2) NIJ 451 (SC) .

(3.) After hearing counsel for the petitioner, this Court is of the view that above said judgment is not attracted on the facts of the present case. There is a difference between trial of a case as summons case and summary case. The procedure envisaged under Sec.326 Cr.PC is only called for when the trial is held in a summary manner where gist of the evidence is recorded by the Magistrate. However, in the present case, the petitioner was tried by following the procedure of summons case. Notice of accusation was served upon the petitioner. On his denial, trial commenced and statements of the witnesses were recorded. The petitioner was afforded opportunity of cross-examining the witnesses. Thereafter, the statement of the petitioner was recorded under Sec. 313 Cr.PC. The petitioner has already led defence evidence. In this case relied, accused was tried in a summary manner, therefore, the judgment in Nitinbhai Saevatilal Shah & Anr. (supra) is not attracted on the facts of the present case. Therefore, no interference is warranted as the orders passed by the two Courts below suffer from no infirmity. In view of above, the present petition is dismissed. Petition Dismissed.