Criminal Revision Petition disposed of with liberty to the petitioner to file an application under Section 216 CrPC before the trial court. Stay application also disposed of.
Petitioner granted liberty to file application under Section 216 CrPC; court directed lower court to decide in accordance with law.
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S.B. Criminal Revision Petition No.452/2014 S.B. Criminal Misc. Stay Application No. 1391/2014 (Imran Khan Versus State of Rajasthan & Anr.) Date of Order :: 1st September, 2015
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Kamal Kumar Mathur, counsel for the petitioner Mr. RS Shekhawat, PP for the State
Learned counsel for the petitioner wants that this cr. revision petition should be disposed of with liberty to the petitioner to file an application under Section 216 CrPC before the trial court at the appropriate stage of the trial. He further wants that if he moves any such application under Section 216 CrPC before the trial court, then direction should be given to the Court below to decide the same in accordance with law.
Learned PP appearing for the State has opposed the same.
The prayer of the counsel for the petitioner seems to be genuine, hence the same is allowed. The Cr. Revision Petition is disposed of with the aforesaid liberty and direction.
Stay application also stands disposed of accordingly.
( Mahesh Chandra Sharma)J .
DK
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip Khandelwal PA
2 issues framed by the court
Whether to grant liberty to the petitioner to apply for transfer/maintenance of records under Section 216 CrPC pending trial.
Whether to direct the lower court to decide the application in accordance with law.
1 provisions across 1 enactments
Imran Khan
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
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