Dismissed

Raj Kumar v. State of Rajasthan and Ors.

Rajasthan HC13 Jul 2016CRLMP/893/2016

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Petition seeking transfer of investigation from a local station to C.I.D. in a murder case. The Court declined to entertain the petition but granted liberty to apply sections 193 or 319 Cr.P.C. at an appropriate stage.

What did the court decide?

Petition dismissed without examination; liberty granted to file applications under Sections 193 or 319 Cr.P.C. at appropriate stage.

Raj Kumar Vs State of Rajasthan and Ors. — Criminal Trial and Appeal | Rajasthan HC (2016)

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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R

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S.B. Criminal Miscellaneous Petition No.893 of 2016 Raj Kumar Vs. State of Rajasthan & Others

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Date of Order ::: 13.07.2016

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Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

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Mr. Gaurav Gupta, Counsel for the petitioners Mr. Aladeen Khan, Public Prosecutor for the State

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Instant petition has been preferred under Section

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482 Cr.P.C. praying interalia that the investigation in a case arising out of F.I.R. No.259/2015 registered at Police Station Manoharpur, District Jaipur Rural be transferred from the respondent No.4 to C.I.D. (C.B.).

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The learned counsel appearing for the petitioner has submitted that Mahadev Prasad Yadav, father of the petitioner was brutally murdered and the petitioner had named twentyseven persons as accused.

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Investigating Agency has submitted a charge-sheet only against five persons and, subsequently, five another persons were also charge-sheeted under Section 299 Cr.P.C. Counsel has further submitted that eighteen-persons have been wrongly absolved by the Police.

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On the observations made by this Court that the petitioner can file an application under Section 193 or 319

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Cr.P.C., as the case may be, at appropriate stage, ld. counsel appearing for the petitioner submits that the present petition may be disposed of with liberty aforesaid.

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After hearing the learned counsel appearing for the parties and without entertaining the present petition, the same is, hereby, disposed of with liberty to the petitioner that if so advised, he may file an application under Section 193 or 319 Cr.P.C. , as the case may be at appropriate stage before the Court below.

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Needless to say, if such an application is filed, same shall be decided by passing a reasoned order.

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Upon disposal of main petition, stay application filed

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therewith does not survives and the same is also disposed of.

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[ Kanwaljit Singh Ahluwalia ] J.

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ashok/Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/P.S..cum J.W.

Raj Kumar v. State of Rajasthan and Ors.

Case brief

What is this about?

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Raj Kumar v. State of Rajasthan and Ors.

Case brief

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What did the court decide?

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