- (1.) This cr. misc. petition has been filed by the petitioner against the order dated 29.11.2012 passed by Addl. Sessions Judge No. 13, Jaipur Metropolitan in Cr. Revision Petition No. 12/2012, whereby the learned revisional court allowed the revision petition filed by the accused respondents and while setting aside the order dated 12.6.2012 passed by Metropolitan Magistrate No.20, Jaipur Metropolitan in Case no. 2561/2012, whereby she took cognizance against the accused respondents for the offence under Sections 447, 323, 324 IPC, remanded the matter to the trial court to pass order afresh.
(2.) Without going into the merits of the case, learned Sr. Counsel Mr. S.R. Surana assisted by Mr. K.K. Chhawal, Advocate has contended that Additional Sessions Judge No.13, Jaipur Metropolitan has not considered the objections, which they have raised through this misc. petition. Hence, the impugned order should be set-aside and matter should be remanded to Additional Sessions Judge No.13, Jaipur Metropolitan with the direction to decide the matter afresh after hearing both the sides and especially in the light of the following judgments: i) Gambhirsingh R. Dekare v. Falgunbhai Chimanbhai Patel and Anr., 2013 CrLJ 1757 ii) Dr. Mrs. Nupur Talwar Versus C.B.I., Delhi & Anr., 2012 1 CriCC 492 iii) Shivjee Singh Versus Nagendra Tiwary and Others, 2010 7 SCC 578 iv) Rashmi Kumar (Smt.) Versus Mahesh Kumar Bhada, 1997 2 SCC 397 v) Raj Kumar Khurana Versus State of (NCT of Delhi) & Anr., 2009 CrLR 414 vi) Mrs. Dhanalakshmi Versus R. Prasanna Kumar and others, 1990 AIR(SC) 494 vii) Vilas Pandurang Pawar and Another Versus State of Maharashtra and others, 2012 8 SCC 795 viii)Mohd. Ayub Versus State of Rajasthan & Ors., 2012 CrLR 262 ix) Kanwar Pal Singh Gill Versus State (Admn., UT Chandigarh) Through Secy. And Another, 2005 6 SCC 161 x) Raju Pandurang Mahale Vs. State of Maharashtra and Another, 2004 4 SCC 371 xi) Chouth Mal Kumawat Versus State of Rajasthan,2010 WLC(Raj) 348
(3.) Learned counsel for the respondents has also requested to this Court that if this Court is remanding the matter, then Additional Sessions Judge No.13, Jaipur Metropolitan should be directed to decide the case after considering the objections to be raised by the respondents and the judgments to be cited by them before the court below.;