Allowed

Tulsi Ram Sharma v. State of Rajasthan and Ors.

Rajasthan HC6 Jul 2018CRLMA/240/2018

Case brief

AI extract

What is this about?

The high court recalled and dismissed a criminal miscellaneous petition involving a partial compromise due to fraud, granting liberty to file a fresh petition while proceeding with the underlying criminal investigation.

What did the court decide?

Order dated 15.3.2018 in S.B. Criminal Misc. Petition No.1327/2018 dismissed; liberty granted to file fresh petition; investigation proceedings to proceed.

Tulsi Ram Sharma Vs State of Rajasthan and Ors. — Criminal Trial and Appeal | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No. 240/2018

Tulsi Ram Sharma

----Petitioner

Versus

State Of Rajasthan And Ors

¶7

----Respondent

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For Petitioner(s) : Mr. Sumit Rawat For Respondent(s) : Mr. Prakash Thakuriya, PP for State Mr. Yunus Khan, for respondents

¶9

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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06/07/2018

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This court on 16.5.2018 had passed the following order:-

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“The learned counsel for the petitioner has submitted that partial compromise cannot be accepted. He contended that a fraud was played upon this Court by not disclosing that petitioner is also named as accused in the impugned FIR.

¶14

Issue notice to the respondents.

¶15

Operation of the order dated 15.3.2018 passed by this Court in SBCRLMP No.1327/2018 is stayed.

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A notice be also served upon Mr. GS Faujdar counsel for the respondent no.3 and Mr. SN Sharma counsel for the respondent no.2.

¶17

The learned Public Prosecutor is directed to inform the investigating officer to proceed with FIR No. 112/2013 registered at Police Station Kanota, Jaipur Rural for the offences under Sections 447, 427, 379, 420, 467, 468, 471 and 120B IPC against Hariom Sharma forthwith.

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Investigating officer shall remain present in the court on 23.5.2018.

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List this case on 23.5.2018.

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A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance.”

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Shri Yunus Khan has caused appearance on behalf of respondents.

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[CRLMA-240/2018]

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(2 of 2)

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Admittedly, in the present case compromise presented before the court was a partial compromise. Partial compromise cannot be accepted and hence, order dated 15.3.2018 passed in S.B. Criminal Misc. Petition No.1327/2018 is recalled and S.B. Criminal Misc. Petition No.1327/2018 is dismissed being devoid of merits. Liberty is granted to the petitioner to S.B. Criminal Misc. Petition No.1327/2018 to file a fresh petition for redressal of his grievance.

¶25

(KANWALJIT SINGH AHLUWALIA),J

¶26

Govind/

Tulsi Ram Sharma v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Tulsi Ram Sharma v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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