Partly allowed

Hariom Sharma S/O Late Shri Kishan Lal Sharma v. State of Rajasthan

Rajasthan HC15 Apr 2019CRLMP/1553/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition to quash proceedings, the Single Judge held no ground was made out for quash. The court granted liberty for future arguments and exempted personal appearance subject to filing an undertaking to appear at specific stages.

What did the court decide?

Retained criminal proceedings; Personal appearance of petitioners exempted; Petitioners to file undertaking for future appearances at specified stages.

Hariom Sharma S/O Late Shri Kishan Lal Sharma Vs… — Criminal Trial and Appeal | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1553/2019

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Hariom Sharma S/o Late Shri Kishan Lal Sharma, R/o Bheru Ka Chabutara, Ashoka Talkies, Alwar, Raj.

¶4

Smt. Kamlesh Sharma W/o Hariom Sharma, R/o Bheru Ka Chabutara, Ashoka Talkies, Alwar, Raj.

¶5

----Petitioners

¶6

Versus

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State Of Rajasthan, Through Pp.

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Anju Sharma D/o Shri Roopnarayan, R/o Aravali Vihar Police Quarter No.p-33, Ps Kotwali, Alwar.

¶9

----Respondents

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For Petitioner(s) : Mr. Ashok Yadav For Respondent(s) : Mr. Sher Singh Mahla, P.P.

¶11

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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/ Order

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15/04/2019

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The learned counsel appearing for the petitioners contends that the petitioner Nos.1 and 2 are father-in-law and mother-in-law of the complainant/respondent No.2 respectively.

¶15

After hearing ld. counsel appearing for the petitioners and the ld. Public Prosecutor appearing for the State, no ground is made out to quash the proceedings, hence, the present petition is disposed of, with liberty to the petitioners to raise all arguments available to them before the trial Court at appropriate stage.

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However, considering the age and relationship of the petitioners, their personal appearance before the trial Court is exempted, subject to the following conditions :-

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(2 of 2)

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[CRLMP-1553/2019]

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“ A. That the petitioner Nos.1 and 2 shall file an undertaking that they shall appear before the ld. trial Court at the time of framing of the charges, recording of the statement under Section 313 Cr.P.C. and at the time of delivery of the judgment.

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B. That the petitioner Nos.1 and 2 shall further state in the undertaking that the evidence of the witnesses recorded in their absence but in the presence of their Counsel shall be binding upon them.

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C. That in the undertaking, so filed the petitioner Nos.1 and 2 shall state that they shall appear before the ld. Court below as and when called upon to do so.”

¶22

(KANWALJIT SINGH AHLUWALIA),J

¶23

ASHOK

Hariom Sharma S/O Late Shri Kishan Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hariom Sharma S/O Late Shri Kishan Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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