Dismissed

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

Rajasthan HC11 Sept 2017CRLR/1438/2017

Case brief

AI extract

What is this about?

In S.B. Criminal Revision No. 1438 / 2017, the High Court dismissed the petition challenging an appellate order that set aside conviction and ordered trial afresh. The court found no basis for intervention, noting the direction caused no prejudice.

What did the court decide?

Criminal Revision No. 1438 / 2017 dismissed on the ground that no case for interference is made out as the petitioners were not prejudiced by the order directing the trial to proceed from the stage of

Manohar and Ors. Vs State of Rajasthan and… — Civil Procedure and Limitation | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 1438 / 2017

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Manohar S/o Moolaram B/c Saini, Aged About 53 Years, R/o Dhani Kuntakawala Ki Tan Gudha, Police Station Gudhagaurji, District Jhunjhunu.

¶4

Hardevaram Kataria S/o Hanuman Prasad Kataria B/c Saini, Aged About 72 Years, R/o Dhani Bhagwat Singh Wali Tan Navaldi, Police Station Navalgarh, District Jhunjhunu.

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Mst. Shanti W/o Hardevaram B/c Saini, Aged About 68 Years, R/o Dhani Bhagwat Singh Wali Tan Navaldi, Police Station Navalgarh, District Jhunjhunu.

¶6

Manju D/o Hardevaram Kataria W/o Manohar B/c Saini, Aged About 40 Years, R/o Dhani Kuntakawala Ki Tan Gudha, Police Station Gudhagaurji, District Jhunjhunu.

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Radheyshyam S/o Pokarmal Kataria B/c Saini, Aged About 58 Years, R/o Dhani Bhagwat Singh Wali Tan Navaldi, Police Station Navalgarh, District Jhunjhunu.

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Jaisaram Saini S/o Malaram Saini, Aged About 90 Years, R/o Jhunjhunu Walon Ki Haveli, Near Ramdevra, Navalgarh, Police Station Navalgarh, District Jhunjhunu, Raj.

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----Petitioners

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Versus

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State of Rajasthan Through PP.

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Mst. Chawli W/o Manohar Lal B/c Saini, Aged About 76 Years, R/o Kuntakawala Ki Tan Gudha, Police Station Gudhagaurji, District Jhunjhunu.

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----Respondents

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For Petitioner(s) : Mr. I. R. Saini Adv. For Respondent(s) : Mr. R.R. Gurjar, P.P.

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HON'BLE MRS. JUSTICE SABINA Judgment

(2 of 2)

[CRLR-1438/2017]

11/09/2017

Petitioners have filed this petition under Section 397/401 Code of Criminal Procedure, 1973 challenging the order dated 18.08.2017 passed by the Appellate Court.

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I have heard learned counsel for the petitioners and have gone through the record available on the file carefully.

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Petitioners had faced trial on a complaint filed by respondent no.2. Trial Court ordered the conviction and sentence of the petitioners under Section 494/109 of Indian Penal Code, 1860. Aggrieved against the said judgment/order, petitioner preferred an appeal. The Appellate Court vide order dated 18.08.2017 accepted the appeal filed by the petitioners and ordered the Trial Court to proceed afresh with the trial from the stage of hearing arguments on the charge. Since, the Appellate Court has directed the Trial Court to proceed with the trial from the stage of Section 245 and 246 Code of Criminal Procedure, 1973, no prejudice can be said to have been caused to the petitioners. Petitioners can take up all the pleas available to them before the Trial Court at the time of framing of charges.

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In the facts and circumstances of the present case, no ground for interference by this court is made out.

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Dismissed.

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(SABINA) J.

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S.Kumawat/D-84

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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