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No Court can travel beyond the facts mentioned and considered therein to cull out “ratio decidendi”: Rajasthan High Court

The High Court of Rajasthan, through learned judges, Justice Mahendar Jumar Goyal in the case of Mukesh Jain v. State of Rajasthan (S.B. Criminal Miscellaneous (Petition) No. 55/2020) reiterated that no Court can travel beyond the facts mentioned and considered therein to cull out “ratio decidendi”.

BRIEF FACTS: This criminal misc. petition under Section 482 Cr.P.C. was filed by the petitioner against the order passed by the Additional Sessions Judge No.1, Sambhar Lake, District Jaipur whereby, the revision petition filed by the petitioner against the order passed by the learned Additional Chief Judicial Magistrate, Sambhar Lake, District Jaipur framing charges against the petitioner under Sections 420, 467, 468, 471, 474 and 120-B of IPC, had been dismissed. The allegation against the petitioner was of furnishing false information before the Returning Officer while submitting nomination papers.

FINDINGS OF THE COURT: The court held that the contention of the learned Senior counsel that complaint by the public servant only was maintainable in view of provisions of Section 195 (1)(a) Cr.P.C was wholly misconceived. In the present case, the allegations, beside submitting false information with the Returning Officer, were with regard to forging and fabricating a document also, for which private complaint was very well maintainable. Further the court observed that the contention of the learned Senior Counsel to assess the precedential value of the judgement of the Court in case of Smt. Kiran Kanwar, analysing the contents of FIR out of which that judgement arose, was wholly misconceived. The court held that a judgement can be a binding precedent only for what has been considered and held in it. No Court can travel beyond the facts mentioned and considered therein to cull out “ratio decidendi”.  

JUDGEMENT REVIEWED BY – AMRUTHA K

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