High Court allowed a Criminal Misc. Petition where the trial court rejected an application under Section 70(2) Cr.P.C. for undue delay, directing the High Court to accept the application and grant relief.
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[CRLMP-102/2020]
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 102/2020
Sant Kumar Son Of Shri Bajrang Lal
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
03/11/2020
The petitioner has moved an application under Section 70(2) Cr.P.C. before the concerned court in relation to a case which is pending since 2001 on the ground that he had no knowledge about a case pending and the case has been consigned to record long back. The trial court has, however, rejected the application whereafter the present petition has been filed.
Learned counsel for the petitioner submits that the petitioner is ready to participate and cooperate in the proceedings and the matter relates to embezzlement and cheating of a sum of Rs.26,500/- and if the circumstances so arises, the petitioner would be in a position to even get the matter compounded.
Alternatively, an application was moved under Section 70(2) Cr.P.C., which requires to be examined.
Taking into consideration the overall aspects of the matter, while this court finds that the trial court has rejected the application mainly on the ground that matter has been pending for long considering the aforesaid aspects, I am inclined to allow this
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petition with a direction that if the petitioner is presented himself before the concerned court, his application under Section 70(2) Cr.P.C. shall be accepted and he shall present on all the other dates and cooperate in the trial.
With the aforesaid observations and directions, the criminal misc. petition is allowed.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV 670 /19
Sant Kumar Son Of Shri Bajrang Lal
The State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
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