Partly allowed

Arshad and Ors. v. State of Rajasthan and Anr.

Rajasthan HC9 Mar 2017CRLMP/276/2017

Case brief

AI extract

What is this about?

This order disposes of a criminal miscellaneous petition involving allegations under Section 307 IPC. The High Court directed the Investigating Officer to consider a representation from petitioners regarding the cause of injury. The petitioners were granted an extension from coercive steps while the representation was submitted and considered.

What did the court decide?

Misc. Petition disposed with direction to investigate officer; no coercive steps for seven days to submit representation.

Arshad and Ors. Vs State of Rajasthan and Anr. — Criminal Trial and Appeal | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 276 / 2017

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1. Arshad S/o Shri Salim Khan,

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2. Arman S/o Shri Salim Khan,

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3. Salim Khan S/o Shri Jeevan Khan,

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4. Moinudeen S/o Shri Yakub Khan,

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All resident Village Rajas, Laxmangarh, Distt. Sikar, Rajasthan

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----Petitioners

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Versus

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1. State of Rajasthan Through PP

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2. Sharukh S/o Shri Innayat Kha, R/o Village Rajas, Laxmangarh, Distt. Sikar, Rajasthan.

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----Respondents

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_____________________________________________________ For Petitioner(s) : Mr. RB Mathur

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Public Prosecutor : Mr. Jitendra Shrimali

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Investigating Officer : Mr. Hoshiyar Singh, SI, Police Station Laxmangarh, District Sikar.

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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09/03/2017

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Mr. RB Mathur Learned Senior Counsel appearing on behalf of petitioners submits that the offence punishable under Section 307 IPC was added considering the injury of injured Javed which was sustained in road accident which is not being considered by the Investigating Officer, therefore this Misc. Petition may be decided affording opportunity to petitioners to submit representation before the Investigating Officer and

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(2 of 2)

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[CRLMP-276/2017]

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Investigating Officer may be directed to consider the facts of representation during investigation. In view of it, the Misc. Petition is disposed of with the direction to Investigating Officer that if any representation is being submitted before Investigating Officer on behalf of petitioners within 7 days from today, the facts of representation may be considered during investigation and after considering the facts of representation, Investigating Officer shall file his report under Section 173(2) Cr.P.C. accordingly.

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During the period of submitting representation i.e. 7 days, no coercive steps shall be taken against the present petitioners.

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(BANWARI LAL SHARMA)J.

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Charu 68

Arshad and Ors. v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Arshad and Ors. v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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