Banwari Yadav Vs State of Rajasthan through Pp.

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SB Criminal Misc. Petition No.2315/2012 (Banwari Lal Yadav Versus State of Rajasthan)

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Date of Order :: 17^th July, 2012 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Mukesh Kumar Saini, for the petitioner Mr. Pradeep Srimali, PP for the state of Rajasthan

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This is a criminal misc. petition under section 482 Cr.P.C against the order dated 26.6.2012 passed by Additional Chief Judicial Magistrate, Chomu, whereby the application filed by the petitioner U/s. 457 CrPC has been dismissed.

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Learned counsel for the petitioner submits that the learned court below while passing the impugned order has not taken into consideration the objections, which the petitioner has raised through this petition. Thus, the impugned order passed by the learned court below be quashed and set aside and the matter be remanded to the learned court below with the direction to decide the matter afresh in the light of objections, which the petitioner has raised through

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this petition.

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Learned PP has opposed the aforesaid

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submissions.

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In my considered view, the learned court

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below while passing the impugned order has not gone through the facts and circumstances of the case. Thus, the impugned order passed by the learned court below needs interference by this Court.

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In the result this criminal misc. petition is allowed and the order dated 26.6.2012 passed by the trial court is quashed and set aside with the direction to the learned trial court to decide the matter afresh in the light of the submissions, which the petitioner has raised through this petition. The petitioner is directed to appear before the learned trial court on 31.7.2012.

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(Mahesh Chandra Sharma) J

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DK

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal PA

Banwari Yadav v. State of Rajasthan through Pp.

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Banwari Yadav v. State of Rajasthan through Pp.

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