The petitioner's S.B. Criminal Misc. petition filed against an order passed by Special Judicial Magistrate was dismissed as it was not pressed by the learned counsel at this stage, granting liberty to raise objections at the appropriate stage regarding persons left out.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 3224/2019
Suraj S/o Shri Kishan Lal Ji, Aged About 19 Years, By Caste Bhand, R/o Kanuja, P.s. Raipur, District Pali (Rajasthan)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner : Ms. Kamini Rathore For Respondent : Mr. Gaurav Singh, PP Mr. Farzand Ali, GA cum AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/07/2019
The present misc. petition has been filed with the following
prayers:-
“It is, therefore, humbly and respectfully prayed that this Misc. Petition of the petitioner may kindly be allowed against the order passed on 11/06/2019 by Special Judicial Magistrate (ST/SC) Court Raipur, District Pali in FIR No. 136/2019, PS-Raipur, District Pali.
(I) That to set aside the order dated 11/06/2019 passed by learned Court below and to direct learned Court below to give prior notice to the petitioner u/d FIR No. 136/20 P/S-Raipur, Dis Pali before taking cognizance.
(II) That further to direct investigating officer and SHO Raipur P/S-Raipur to give prior notice to petitioner/complainant before producing the Charge Sheet u/d FIR no 136/2019 P/S Raipur, District Pali.”
Learned public prosecutor and learned Govt. Advocate Cum
Additional Advocate General submits that the Investigating Authority is going to file the charge sheet against three persons, namely, Kalu Singh S/o Ranjeet Singh, Munesh Singh S/o Sharvan Singh and Surendra Singh as the offence under Sections 341,
(2 of 2)
[CRLMP-3224/2019]
323/34 IPC and Section 3(1)(r)(s), 3(2)(va) of the SC/ST Act are proved against them.
Factual report is taken on record.
In view of the above submissions made by learned public prosecutor and learned GA cum AAG, learned counsel for the petitioner does not want to press this misc. petition. However, she seeks liberty to raise all the objections with respect to the persons who have been left out by the Police in the investigation at the appropriate stage.
Accordingly, the present misc. petition is dismissed as not pressed at this stage. The petitioner shall be at liberty to raise all the objections at the appropriate stage so far as the persons left out by the police.
(VINIT KUMAR MATHUR),J
216-SanjayS/-
Suraj S/o Shri Kishan Lal Ji
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
