SAKET MOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Revision petition has been filed by the petitioner under section 397 and 401 Cr.P.C., 1973 passed by learned Additional District and Sessions Judge, Deedwana, whereby the application filed by the petitioner under Section 193 Cr.P.C., 1973 is rejected.

(2.) Learned counsel for the petitioner argued that the trial Court rejected the application under Section 193 Cr.P.C., 1973 in which the trial Court simply mentioned that the application is not maintainable, but according to the judgment of Supreme court in Dharampal v. State of Haryana reported in AIR 2013 Supreme Court 3018 in which the application under Section 193 Cr.P.C., 1973 should have been decided on merits. Counsel for the petitioner further prayed that the matter may be remanded back to the trial Court and it should be decided on merits.

(3.) Learned Public Prosecutor does not oppose the prayer of counsel for the petitioner.