Dismissed

Mukesh Jain S/O Shri Raghunath Singh B/C Jain and Ors. v. State of Rajasthan through Pp and Ors.

Rajasthan HC17 Aug 2018CRLMA/478/2018

Case brief

AI extract

What is this about?

This Rajasthan High Court order quashes a coordinate bench default dismissal and allows the S.B. Criminal Misc. Application. The quashing of FIR petition is dismissed as withdrawn with liberty. Petitioners No.2 and 3 are exempted from personal appearance subject to filing an undertaking to appear for framing of charges and recording of evidence under Section 313 Cr.P.C.

What did the court decide?

Petition dismissed as withdrawn with liberty; Petitioners No.2 and 3 exempted from personal appearance subject to undertaking.

Mukesh Jain S/O Shri Raghunath Singh B/C Jain and Ors. Vs… — Quashing and FIR | 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. 478/2018

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Mukesh Jain S/o Shri Raghunath Singh B/c Jain And Ors

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----Petitioner

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Versus

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State Of Rajasthan Through Pp And Ors

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----Respondent

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For Petitioner(s) : Mr. Monu Kumar For Respondent(s) : Ms. Meenakshi Pareek, PP for State

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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18/08/2018

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S.B. Criminal Misc. Application No.478/2018:

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On 2.7.2018 a coordinate Bench had passed the following

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order:-

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“None is present for the petitioner. Learned Public Prosecutor has placed on record factual report disclosing that the Investigating Agency has already furnished charge sheet against the accused persons on 08.10.2012. None has remained present for the petitioners on previous date as well. The matter will be taken up in the second round of necessary orders. None appeared even in second round, hence the present petition is dismissed in default.”

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After hearing learned counsel for the petitioner, S.B. Criminal Misc. Application No.478/2018 is allowed and S.B. Criminal Misc. Petition No.105/2013 is restored to its original number.

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S.B. Criminal Misc. Petition No.105/2013:

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With the consent of parties, S.B. Criminal Misc. Petition No.105/2013 is taken on board.

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[CRLMA-478/2018]

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(2 of 2)

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Learned counsel for the petitioner has submitted that in the present petition seeking quashing of FIR, investigating agency has already filed chargesheet and the trial is pending, therefore the present petition be dismissed as withdrawn with liberty to the petitioner to raise all arguments available to them before the trial court.

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As prayed, present petition is dismissed as withdrawn with liberty, as aforesaid. However, considering the age and relationship of petitioners No.2 and 3 with complainantrespondent No.4, personal appearance of petitioners No.2 and 3 before the trial court is exempted subject to the following conditions:-

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(a). That the petitioners No.2 and 3 shall file an undertaking before the trial court that they shall appear before the trial court at the time of framing of charges, recording of evidence and statement of the accused under Section 313 Cr.P.C.

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(b). That in the undertaking filed the petitioners No.2 and 3 shall specifically state that any evidence recorded in their absence, but in presence of their counsel, shall be binding upon them.

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(c). That the accused-petitioners No.2 and 3 shall also undertake to appear before the trial court as and when called by the trial Judge.

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In view of above, present petition stands disposed of.

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(KANWALJIT SINGH AHLUWALIA),J

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Govind/

Mukesh Jain S/O Shri Raghunath Singh B/C Jain and Ors. v. State of Rajasthan through Pp and Ors.

Case brief

What is this about?

What did the court decide?

Mukesh Jain S/O Shri Raghunath Singh B/C Jain and Ors. v. State of Rajasthan through Pp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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