Dismissed

Bheem (Bheem Singh) S/O Bhoop Singh v. State of Rajasthan

Rajasthan HC21 Aug 2019CRLMP/2538/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Court dismissed the challenge to an order committing a case to the Sessions Court for offences under Sections 147, 323, 341, 325, and 308 IPC read with Section 149 IPC. The petitioners' plea on the quantum of offence was rejected, and inherent powers were not invoked.

What did the court decide?

No stay application granted. Application dismissed.

Bheem (Bheem Singh) S/O Bhoop Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2538/2019

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Bheem (Bheem Singh) S/o Bhoop Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

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Subhas S/o Bheem Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

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Sonveer S/o Hambeer Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

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Sugad Singh S/o Hambeer Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

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Savitri W/o Arjun Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

¶8

Hambeer Singh S/o Bhoop Singh, B/c Jat, R/o Mohalla Brajnagar, Bharatpur, Police Station Mathura Gate, Bharatpur, District Bharatpur, Raj.

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Kartar S/o Ratansingh, B/c Jat, R/o Chhah Pokhar, Police Station Achhnera, Tehsil Kirawali, District Agra, Up.

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Khajan Singh S/o Mansingh B/c Jat, R/o Mudhera, Police Station Malpura District Agra, Up.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Jagraj S/o Budha Ram B/c Jat, R/o Nagla Hathi Pura, Police Station Chiksana, District Bharatpur, Raj.

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----Respondents

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For Petitioner(s) : Mr. S.L. Songara For State : Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

(2 of 2)

[CRLMP-2538/2019]

21/08/2019

Petitioners have preferred this Criminal Miscellaneous Petition aggrieved by order dated 24.01.2019 passed by Judicial Magistrate, No.3 Bharatpur whereby the Court has committed the case to the Court of Sessions for offence under Sections 147, 323, 341, 325, 308 of IP.C. read with Section 149 I.P.C.

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It is contended by counsel for the petitioners that Court below without coming to the conclusion that offence under Section 307 I.P.C. is made out. Without considering the injury report has committed the case to the Court of Sessions, only because Sessions Court in Criminal Revision Petition directed the Court to commit the case.

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It is contended that offence under Section 308 I.P.C. is not made out.

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I have considered the contentions.

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It is the clear case of the complainant that the accusedpetitioners gave beating to Satyapal and threw from the second floor of the house. He had sustained fracture of the back bone and is lower limb paralyses. Threw a person from the second floor of the house clearly points out towards the intention of the accused to commit offence under Section 308 I.P.C. Court below has acted in pursuance of the directions passed by the revisional Court. Order passed by the revisional Court was not challenged before the High Court.

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No ground is made out for invoking the inherent powers. The same is accordingly dismissed.

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Stay application stands disposed.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /139

Bheem (Bheem Singh) S/O Bhoop Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bheem (Bheem Singh) S/O Bhoop Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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