Narayan Dass & Ors vs Rajasthan State & Anr on 15 September, 2009

Rajasthan High Court - Jodhpur

                                1
                                     S.B.Cr.Revision Petition No.264/1993

    IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          AT JODHPUR

                            ORDER

    S.B.CRIMINAL REVISION PETITION NO.264/1993

                     Narayandass & Ors.
                              Vs.
                   State of Rajasthan & Anr.


               Date of Order    ::    15/09/2009


                           PRESENT


            HON'BLE MR.JUSTICE H.R.PANWAR


None present for the petitioners and respondent No.1.
Mr.O.P.Singaria, Public Prosecutor for the respondent No.2.


BY THE COURT:

By the instant criminal revision petition under Section 397/401 Cr.P.C., the petitioners have challenged the order dated 25.5.1993 passed by Additional Chief Judicial Magistrate (Environment), Pali (for short "the trial court") whereby the trial court framed charges against the petitioners for the offences under Sections 24 read with Section 43 and 26 read with Section 44 of the Water (Prevention and Control of Pollution) Act, 1974.

In view of the decision of a Coordinate Bench of this Court in Natwar Lal Vs. State of Rajasthan & Ors. 2008(1) Cr.L.R. (Raj.) 617, the instant criminal misc. petition is not maintainable directly to this Court, however, it is open for the 2 S.B.Cr.Revision Petition No.264/1993 petitioners, if so aggrieved by the order dated 25.5.1993, to file a revision petition before the concerned Sessions Judge and in that event, the period taken during the instant revision petition will not come in the way for the purpose of limitation.

The criminal revision petition is dismissed.

(H.R.PANWAR), J.

NK 3 S.B.Cr.Revision Petition No.264/1993 S.B.CRIMINAL MISC.STAY PETITION NO.220/1993 IN S.B.CRIMINAL REVISION PETITION NO.264/1993 Date of Order :: 15.09.2009 HON'BLE MR.JUSTICE H.R.PANWAR None present for the petitioners and respondent No.1. Mr.O.P.Singaria, Public Prosecutor for the respondent No.2.

Since the criminal revision petition itself has been dismissed, the stay petition also stands dismissed.

(H.R.PANWAR), J.