Dismissed

Sukran Kumar Rajak v. Rajiv Jaiswal

Chhattisgarh HC14 Jan 2024CRR/1370/2018

Case brief

AI extract

What is this about?

This order, joined by recourse to the death interest of the applicant, disposed of five criminal revisions relating to one incident. Without merit, without opinion, the court dismissed the petitions because the legal heirs were uninterested. The non-applicant was granted liberty to seek compensation recovery from the estate.

What did the court decide?

Liberty granted to the non-applicant to recover compensation from the estate of the deceased applicant.

Sukran Kumar Rajak Vs Rajiv Jaiswal — Chhattisgarh HC (2024) — LawSathi Research

¶1

(CRR No. 1348-2018,1094-2018,1365-2018,1367-2018,1369-2018 &1370-2018)

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1348 of 2018

¶4

Sukran Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda, P. S. And Tashil Champa, District Janjgir Champa Chhattisgarh

¶5

---- Applicant

¶6

Versus

¶7

Rajiv Jaiswal S/o R. L. Jaiswal Aged About 30 Years R/o Beriyar Road, Jaiswal Bhawan, P. S. And Tashil Champa, District Janjgir Champa Chhattisgarh

¶8

---- Non-applicant

¶9

CRR No. 1094 of 2018

¶10

Sukram Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda, Police Station And Tahsil Champa, District Janjgir- Champa, Chhattisgarh

¶11

---- Applicant

¶12

Versus

¶13

Rajiv Jaiswal S/o R I Jaiswal Aged About 30 Years R/o Beriyar Road, Jaiswal Bhawan, Police Station And Tahsil Champa, District Janjgir - Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

¶14

---- Non-applicant

¶15

CRR No. 1365 of 2018

¶16

Sukran Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda, Police Station And Tahsil Champa, District - Janjgir-Champa, Chhattisgarh

¶17

---- Applicant

¶18

Versus

¶19

Rajiv Jaiswal S/o R.L. Jaiswal Aged About 30 Years R/o Beriyar Road, Jaiswal Bhawan, Police Station And Tahsil Champa, District - Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

¶20

---- Non-applicant

¶21

CRR No. 1367 of 2018

¶22

Sukran Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda Police Station And Tahsil Champa, District Janjgir Champa Chhattisgarh

¶23

---- Applicant

¶24

Versus

¶25

Rajiv Jaiswal S/o R L Jaiswal Aged About 30 Years R/o

¶26

(CRR No. 1348-2018,1094-2018,1365-2018,1367-2018,1369-2018 &1370-2018)

¶27

Beriyar Road, Jaiswal Bhawan, Police Station And Tahsil Champa, District Janjgir Champa Chhattisgarh

¶28

---- Non-applicant

¶29

CRR No. 1369 of 2018

¶30

Sukran Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda, Police Station And Tahsil- Champa, District- Janjgir- Champa, Chhattisgarh

¶31

---- Applicant

¶32

Versus

¶33

Rajiv Jaiswal S/o R. L. Jaiswal Aged About 30 Years R/o Beriyar Road, Jaiswal Bhawan, Police Station And TahsilChampa, District- Janjgir- Champa, Chhattisgarh

¶34

---- Non-applicant

¶35

CRR No. 1370 of 2018

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Sukran Kumar Rajak S/o Mundaram Rajak Aged About 41 Years R/o Kurda, Police Station And Tahsil- Champa, District- Janjgir- Champa, Chhattisgarh

¶37

---- Applicant

¶38

Versus

¶39

Rajiv Jaiswal S/o R.L. Jaiswal Aged About 30 Years R/o Beriyar Road, Jaiswal Bhawan, Police Station And TahsilChampa, District- Janjgir- Champa, Chhattisgarh

¶40

---- Non-applicant

¶41

(Cause-title taken from the Case Information System)

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For Applicant : Mr. Ravindra Sharma, Advocate For Non-applicant : Mr. Anshul R. Shrivastava, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

¶44

15.01.2024

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Heard.

¶46

Regard being had to the similitude of the questions of fact and law involved and being arising out of a common impugned judgment dated 01.09.2018, on the joint request of learned counsel for the parties, these six criminal

¶47

(CRR No. 1348-2018,1094-2018,1365-2018,1367-2018,1369-2018 &1370-2018)

¶48

revisions are clubbed together, heard together and are decided by this common order.

¶49

Learned counsel for the applicant submits that the sole and common applicant in all these cases namely, Sukran Kumar Rajak has died and his LRs are not interested in further prosecuting these matters as they are not contacting with him. As such, he is unable to continue these revisions and same are liable to be closed.

¶50

Faced with this, learned counsel for the non-applicant submits that the instant criminal revision cannot be closed as abated and, therefore, liberty may be granted in favour of the non-applicant to recover the amount of compensation from the estate of the deceased applicant in accordance with law.

¶51

In that view of the matter and without expressing any opinion on the merits of the case, all the Criminal Revisions are hereby dismissed as legal representatives of the common applicant are not interested in prosecuting these revisions, however, liberty is reserved in favour of the non-applicant to recover the amount of compensation from the estate of the deceased applicant namely, Sukran Kumar Rajak in accordance with law.

¶52

Sd/- (Sanjay K. Agrawal) Judge

¶53

@d!t!

Sukran Kumar Rajak v. Rajiv Jaiswal

Case brief

What is this about?

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Sukran Kumar Rajak v. Rajiv Jaiswal

Case brief

What is this about?

What did the court decide?

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