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Sukhram S/O Laxman Bairwa B/C Bairwa Vs State of… — Quashing and FIR | Rajasthan HC (2019)

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Rajasthan HC
2019
Sukhram S/O Laxman Bairwa B/C Bairwa Vs State of RajSukhram S/O Laxman Bairwa B/C Bairwa v. State of Rajasthan t

Allowed

Sukhram S/O Laxman Bairwa B/C Bairwa v. State of Rajasthan through Pp

Rajasthan HC15 Jan 2019CRLMA/22/2019

Case brief

AI extract

What is this about?

The High Court allowed an application to correct a typographical error in an impugned order that erroneously dismissed an appeal as not pressed when the complaint had not been pressed. The order was recalled, appeal restored, and the victim compensation application treated as withdrawn.

What did the court decide?

The order dated 6.12.2018 was recalled; the appeal and application for suspension of sentence were restored; the complainant's application was dismissed as withdrawn with liberty to move a fresh petit

What the court decided

AI extract

Outcome

The order dated 6.12.2018 was recalled; the appeal and application for suspension of sentence were restored; the complainant's application was dismissed as withdrawn with liberty to move a fresh petit

Issue for consideration

Whether the dismissal of the appeal as 'not pressed' due to a typographical error warrants restoration. +1 more

Detailed headnote1 paragraphs

Due to a typographical error in an impugned order, an appeal was incorrectly dismissed as 'not pressed' even though the complainant had not pressed his application. The High Court recalled the order, restored the appeal and suspension of sentence application, dismissed the complainant's victim compensation application as withdrawn, and granted liberty to file a fresh petition. The Special Judge was directed to forward the record.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Application No. 22/2019

in

S.B.Criminal Appeal No.853/2017

Sukhram S/o Laxman Bairwa B/c Bairwa, R/o Chomu Ps Malakheda Dist. Alwar Raj. (At Present In Dist. Jail Alwar)

----Petitioner

Versus

State Of Rajasthan Through Pp, Raj.

----Respondent

For Appellant/Applicant : Mr.S.S.Sunda For State : Mr.R.R.Singh Rathore,PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

15/01/2019

Counsel for the appellant has moved a Criminal Misc. Application contending therein that the complainant had moved an Application (85784/2018) with a prayer that the Legal Services Authority be directed to provide monetary compensation to the victim under the Rajasthan Victim Compensation Scheme, 2011.

It is contended by counsel for the appellant that the complainant did not press his application and sought liberty to move fresh petition which was accepted by the Court but erroneously in the order dated 6.12.2018 the appeal is dismissed as not pressed.

I have considered the contentions and have perused the record.

(2 of 2)

[CRLMA-22/2019]

On 6.12.2018 it was the counsel for the complainant, who did not press his application, but erroneously in the impugned order due to typographical error the appeal has been dismissed as not pressed.

In view of the same, application preferred by the appellant is allowed. The order dated 6.12.2018 is recalled. The appeal as well as the application for suspension of sentence are restored to its original number and the Application No.85784/2018 filed by the complainant is dismissed as withdrawn with liberty to move fresh petition.

Copy of this order be sent to the Special Judge SC/ST (Prevention of Atrocities) Alwar with a direction to send the record forthwith.

(PANKAJ BHANDARI),J

Teekam/91

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the dismissal of the appeal as 'not pressed' due to a typographical error warrants restoration.
2.
Whether the application filed by the complainant under the Rajasthan Victim Compensation Scheme should be treated as withdrawn.

Parties & counsel

AI extract

appellant
Sukhram S/o Laxman Bairwa B/c Bairwa
respondent
State Of Rajasthan Through Pp, Raj.

Coram

AI extract

Pankaj Bhandari

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 15 Jan 2019 · January
Registered: 10 Jan 2019
Case no.: CRLMA/22/2019
CNR: RJHC020030762019
Topic: Quashing and FIR
Bench: Pankaj Bhandari
Disposal: ALLOWED

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Cite this judgement

Sukhram S/O Laxman Bairwa B/C Bairwa v. State of Rajasthan through Pp, CRLMA/22/2019 (RJ), decided on 15 January 2019.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Pankaj Bhandari

Parties & counsel