SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition No. 944/2014 has been registered on the basis of a letter dated 3.2.2014 received from the Judicial Magistrate, First Class, Merta.

(2.) Brief facts of the case are that one Jagdish Narayan Sharma was facing Trial in Court of Judicial Magistrate, First Class, Merta in Criminal Original Case No. 57/1994 for the offence punishable under Sections 325 and 323 I.P.C. During the pendency of the trial, an application was preferred on behalf of the accused Jagdish Narayan Sharma on 4.2.1999 with the prayer for discharging him from the charges, for which he was facing trial on the basis of law laid down by the Hon'ble Apex Court in "Common Cause" A registered Society through its Director v. UOI and Ors. reported in 1996 Cr.L.R. (SC) 430. The said application was allowed by the Trial Court and the Trial Court discharged the accused Jagdish Narayan Sharma for the offence punishable under Sections 323, 375, I.P.C. in Criminal Original Case No. 57/1994 vide order dated 1.11.2000.

(3.) Being aggrieved with the order dated 1.11.2000, the State as well as complainant Surajmal preferred Revision Petitions No. 13/2001 and 14/2001 respectively before the Sessions Court, Merta. The Revision Petition No. 13/2001 filed on behalf of State was rejected by the Sessions Court, Merta while treating the same as time barred. However, the Revision Petition No. 14/2001 filed by the complainant Surajmal was dismissed by the Sessions Court vide order dated 19.7.2002 while treating the same as not maintainable.