High Court dismissed a criminal revision petition seeking quashing of order rejecting application for taking cognizance of murder charge. Court observed it may alter charges under Section 216 Cr.P.C. if evidence warrants and disposed stay application.
Revision petition dismissed; charge may be altered by Court if needed; stay application disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision No. 450 / 2017
Harish Kumar S/o Bajrang Lal B/c Kumawat, Aged About 32 Years, R/o House No.207, Ashok Vihar Vistar, Gokulpura, Kalwar Road, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ashok Mishra
For Respondent(s) : Mr. Virendra Godara, PP
For Complainant : Mr. Arvind Soni
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
15/05/2017
(2 of 2)
[CRLR-450/2017]
application under Section 193 Cr.P.C., has not considered this important aspect of this matter.
(PANKAJ BHANDARI), J.
Arun/41
3 issues framed by the court
Whether the revision pettier is entitled to relief despite the rejection of application for taking cognizance of offence under Section 302 IPC.
Whether the High Court can alter the charge under Section 216 Cr.P.C. despite the revision petition dismissing the application for taking cognizance.
Whether the dying declaration of the deceased requires medical fitness certificate or magistrate summons for recording.
3 provisions across 2 enactments
Harish Kumar S/o Bajrang Lal
State of Rajasthan Through P.P.
Ghanshyam @ Puran S/o Late Shree Panna Lal
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
