The High Court of Rajasthan dismissed a criminal miscellaneous petition as infructuous because the charge-sheet had already been filed. The petitioner was permitted to approach the trial court regarding all issues. No substantive legal proposition was laid down.
Petitioner permitted to take up issues before the trial court.
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.
(1 of 2)
[CRLMP-723/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 723/2021
Praveen Rataliya S/o Shri Bhanwar Lal, Aged About 40 Years, 952-953, Pratap Colony, Kalka Mata Road, Ganesh Nagar, Udaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/08/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
At the outset, learned PP submits that charge-sheet has already been chalked out.
The present misc. petition is dismissed as having become infructous. However, the petitioner shall be at liberty to take up all his issues before the trial court, if so advised.
The factual report produced by learned PP be taken on record.
(DR.PUSHPENDRA SINGH BHATI),J.
97-nirmala/Sanjay-
(2 of 2) [CRLMP-723/2021]
2 issues framed by the court
Whether the criminal miscellaneous petition is maintainable in circumstances where charge-sheet has been filed.
Whether the petitioner can approach the trial court with all issues after the dismissal of the petition.
Praveen Rataliya
State Of Rajasthan, Through P.p.
Shrawan Kumar
Dr. Justice Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
