KUSH KUMAR JANGIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this order these Criminal Revision Petitions bearing Nos.1296/2022 and 1303/2022 are being disposed of.

(2.) Petitioner Kush Kumar Jangir has preferred two revision petitions against the impugned order dtd. 19/7/2022 passed by Additional Session Judge No.4, Jaipur Metropolitan - I, Jaipur in Criminal Revision Petition Nos.93/2022 (CIS No.401/2022) and 86/2022 (CIS No.376/2022) whereby the Revision Petitions filed by respondent No.2 Mukesh Kumar (in Criminal Revision Petition No.1296/2022) and respondent No.2 Dilip Kumar Soni (in Criminal Revision Petition No.1303/2022) were accepted and the order dtd. 2/5/2022 passed by learned Additional Chief Metropolitan Magistrate No.10, Jaipur Metro under Sec. 156(3) Cr.P.C directing the SHO, Police Station Mansarovar to register the FIR and submit the final report was quashed.

(3.) Learned counsel for the petitioner submits that the impugned order dtd. 19/7/2022 is per-se illegal. He further submits that learned revisional court passed the order in a hurried manner violating parameters of law. He also submits that prospective accused has no right to ask in which way investigating against him should be conducted. He also submits that scope of revision is limited and revisional court exercised the power arbitrarily. The learned revisional court also committed illegality by reappreciating the fact of the case and evidence as court of original jurisdiction which is impermissible under Sec. 397 Cr.P.C. Therefore, the impugned order dtd. 19/7/2022 may be set aside.