Dismissed

Ram Avtar Pabdi S/O Ram Kumar Pabdi v. State

Rajasthan HC25 Oct 2021CRLMP/2724/2021

Case brief

AI extract

What is this about?

This order dismissed a Criminal Miscellaneous Petition challenging an impugned order allowing the CBI to produce documents regarding property evaluation. The High Court held the documents were relevant for ascertaining asset value during the prosecution stage.

What did the court decide?

Criminal Miscellaneous Petition dismissed; stay and pending interim application disposed of.

Ram Avtar Pabdi S/O Ram Kumar Pabdi Vs State — Corruption | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 2724/2021

¶4

Ram Avtar Pabdi S/o Ram Kumar Pabdi, Aged About 68 Years, R/o House No. 60/1, Sector 3, Vidyadhar Nagar, Jaipur, Rajasthan.

¶5

Accused-Petitioner No.1

¶6

Radha Devi W/o Ram Avtar Pabdi, Aged About 63 Years, R/o House No. 60/1, Sector 3, Vidyadhar Nagar, Jaipur, Rajasthan.

¶7

Accused-Petitioner No.2 Versus

¶8

State, Through Central Bureau of Investigation

¶9

Complainant-Respondent

¶10

For Petitioner(s) : Mr. Deepak Chauhan For CBI : Mr. Ashwini Kumar Sharma

¶11

HON'BLE MR. JUSTICE PANKAJ BHANDARI

¶12

Order

¶13

25/10/2021

¶14

Petitioners have preferred this Criminal Miscellaneous Petition aggrieved by order dated 11.02.2021 passed by Special Judge, CBI Cases No.3, Jaipur Metro First, whereby, application filed by the respondent for production of document was allowed.

¶15

It is contended by counsel for the petitioners that F.I.R. was lodged in the year 2005. Charge-sheet was filed in the year 2008. Application for production of documents on record was filed on 27.09.2019, after an inordinate delay. The Section under which the application was moved was not mentioned. No justification was given for taking the documents on record and it was also not mentioned as to how the documents are relevant for just decision of the case.

¶16

(2 of 2)

¶17

[CRLMP-2724/2021]

¶18

Learned counsel appearing for the CBI has opposed the Criminal Miscellaneous Petition. It is contended that matter pertains to disproportionate assets. The documents which are sought to be taken on record are pertaining to properties purchased by the petitioners and the evaluation report of the Income Tax Department with regard to said properties. It is also contended that matter is still at the stage of prosecution evidence and just prior to allowing of this application, an application filed by the accused-petitioners was allowed and their documents were taken on record.

¶19

I have considered the contentions and have perused the impugned order.

¶20

The present case pertains to disproportionate assets. The property in relation to which documents are sought to be filed is already mentioned in the list of assets of the petitioners. However, the evaluation report is relevant for ascertaining the value of assets. The matter is still at the stage of prosecution evidence to arrive at the valuation of assets of petitioners. The documents produced by the prosecuting agency are relevant and the same are required for just decision of the case, hence, I do not find any force in the Criminal Miscellaneous Petition.

¶21

Criminal Miscellaneous Petition is accordingly dismissed.

¶22

Stay application and pending interim application stands disposed.

¶23

(PANKAJ BHANDARI),J

¶24

Amit/19

Ram Avtar Pabdi S/O Ram Kumar Pabdi v. State

Case brief

What is this about?

What did the court decide?

Ram Avtar Pabdi S/O Ram Kumar Pabdi v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sugana Vs State of Rajasthan

Rawal Chand Vs State of Rajasthan

Jabra Ram Vs State of Rajasthan

Vinod Kumar S/O Shri Jagdish Prasad B/C Darji Vs State of Rajasthan

Lala Ram S/O Shri Kadu Vs State of Rajasthan

Ram Mala Wife of Om Prakash, Vs State of Rajasthan