The High Court of Rajasthan disposed of the Criminal Miscellaneous Petition by directing the lower appellate Court to deal afresh with the petitioner's infirmities regarding the trial Court's order at the time of the appeal's final judgment, clarifying that no final expression on merits was made in the interim appeal order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1384/2018
Mrignayani Jain W/o Shri Sunil Jain B/c Mahajan, R/o F-30, Raghav Marg, Shyam Nagar, Jaipur, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ravi Shankar For Respondent(s) : Mr. Prakash Thakuria, Public Prosecutor
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
15/03/2018
After hearing Counsel for the petitioner, present petition is disposed of by observing that dehors of the impugned order dated 05.02.2018 passed by the Lower Appellate Court, arguments raised by the petitioner regarding infirmities committed by the trial Court be dealt afresh at the time of arguments to be addressed at time of final judgment of the appeal. It is further ordered that nothing said or expressed by the lower appellate Court in its order dated 05.02.2018, shall be considered as final expression of the lower appellate Court on merits of the appeal and arguments raised in application Annexure-1 shall be dealt
(2 of 2)
[CRLMP-1384/2018]
afresh on merits by the lower appellate Court at time of final stage of arguments of the appeal.
(KANWALJIT SINGH AHLUWALIA),J
KKC/s-100
1 issue framed by the court
Whether infirmities raised by the petitioner regarding the trial Court should be dealt while disposing of the Criminal Miscellaneous Petition.
Mrignayani Jain W/o Shri Sunil Jain
State Of Rajasthan
Gajendra Singh
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
