Partly allowed

Shyam Gopal Tank Son of Late Shri Jagannath Tank v. State of Rajasthan

Rajasthan HC11 Nov 2022CRLMA/212/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan recalled an order dated 21.12.2021 in a criminal miscellaneous petition that was passed without hearing a necessary party. The applicant was granted liberty to be impleaded as a respondent.

What did the court decide?

Recalled the order dated 21.12.2021 and restored S.B. Criminal Misc. Petition No.8427/2021 to original number with liberty to implead the applicant as respondent.

Shyam Gopal Tank Son of Late Shri Jagannath Tank… — Writ and Judicial Review | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Application No. 212/2022

¶3

¶4

S.B. Criminal Misc. Petition No.8427/2021

¶5

Shyam Gopal Tank Son Of Late Shri Jagannath Tank, Aged About 85 Years, Address- In Front Of Railway Station, Ward No. 18, Gangapur City, District Sawaimadhopur, Rajasthan And Flat Nol. 127/121, Block No. 32, 12Th Floor, Rangoli Garden, Maharana Pratap Road, Kanakpura, Jaipur, (Rajasthan)

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through P.p

¶9

Rajgopal Tank Son Of Late Shri Jagannath Tank, Aged About 83 Years, Address Sanjay Colony Ward No. 20, Station Bajariya, In Front Of Pwd Office, Gangapur, District Sawai Madhopur (Rajasthan)

¶10

----Respondents

¶11

For Petitioner(s) For Respondent(s)

¶12

: Mr. Shyam Sunder Sharma

¶13

: Mr. Rajneesh Gupta for the applicant Mr. Shubham Sharma on behalf of Mr. O.P. Mishra Mr. S.S. Mahla, PP

¶14

HON'BLE MR. JUSTICE INDERJEET SINGH

¶15

Order

¶16

11/11/2022

¶17

Heard on the application filed on behalf of the applicant – Arun Kumar Tank for recalling of the order dated 21.12.2021 passed by this Court.

¶18

Counsel appearing on behalf of the applicant submits that the petitioner and complainant filed S.B. Criminal Misc. Petition No.8427/2021 for quashing of the criminal proceedings pending before the Trial Court without impleading the applicant as party

¶19

(2 of 2)

¶20

[CRLMA-212/2022]

¶21

respondent in the petition. Counsel further submits that the petitioner has submitted the objection before the Trial Court taking cognizance of which the Trial Court has passed the order for continuance of trial against the accused-petitioner. Counsel further submits that the order dated 21.12.2021 has been passed by this Court without hearing the applicant, who is necessary party to the proceedings.

¶22

Counsel appearing on behalf of the petitioner fairly admits the mistake committed on his part and submitted that the order dated 21.12.2021 be recalled and the petitioner be granted liberty to implead Arun Kumar Tank as party respondent in the criminal misc. petition.

¶23

In that view of the matter, considering the submissions putforth by counsel for the parties, this application is allowed and the order dated 21.12.2021 is recalled. S.B. Criminal Misc. Petition No.8427/2021 is restored to its original number and be placed before the appropriate Bench holding subject roster.

¶24

(INDERJEET SINGH),J

¶25

Upendra Pratap Singh /40

Shyam Gopal Tank Son of Late Shri Jagannath Tank v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shyam Gopal Tank Son of Late Shri Jagannath Tank v. State of Rajasthan

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

Vikas Kumar Meena S/O Sh. Parmanand Meena Vs State of Rajasthan

Man Mohan Singh S/O Sh. Sohan Lal Vs Chairman Cum Chief Managing Director

The Station Manager Indian Air Vs Kumari Chandra Alwani and Anr.

Manoj Kumar S/O Harisingh Vs State of Rajasthan

The State of Rajasthan Vs Mukesh Kumar Meena S/O Madiya Ram Meena

Rahul Jain S/O Gopal Lal Jain Vs State of Rajasthan