Dismissed

Kailash Chandra Agarwal v. State of Rajasthan

Rajasthan HC22 Nov 2022CRLMP/2443/2022

Case brief

AI extract

What is this about?

The S.B. Criminal Misc. Petitions were dismissed as nothing survived given a pending negative final report and a pending investigation. The court directed the police agency to submit the final report within thirty days to enable the complainant to file a protest petition and initiate inquiry.

What did the court decide?

Petition dismissed; police directed to submit negative final report within 30 days; complainant permitted to file protest petition thereafter for Special Judge inquiry.

Kailash Chandra Agarwal Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 2443/2022

¶3

Kailash Chandra Agarwal S/o Shiv Narayan Agarwal, Aged About 57 Years, R/o Meta City, Dist. Nagaur, Chairman, Janhit Sewa Sansthan, Merta City, Nagaur.

¶4

Nand Bihari S/o Sh. Kailash Chandra Agarwal, Aged About 25 Years, R/o Merta City, Nagaur, Vice Chairman, Janhit Sewa Sansthan Merta City, Dist. Nagaur.

¶5

----Petitioners

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

Bhanwar Singh @ Gopa Singh S/o Sh. Kalyan Singh, Vill. Bhainsda Kalan, Teh. Rinyabadi, Dist. Nagaur.

¶9

----Respondents

¶10

Connected With

¶11

S.B. Criminal Misc(Pet.) No. 4351/2022

¶12

Tejmal Choudhary S/o Hamraj, Aged About 62 Years, R/o Manpura Tehsil Dist. Ajmer Ex. Tehsildar Riyabadi Dist. Nagaur

¶13

Ram Ratan S/o Modaram, Aged About 58 Years, R/o Basni Seja Tehsil Merta Shahar Dist. Nagaur The Then Patwari Patwar Mandal Badayali Panchayat Samiti Riyabadi Dist. Nagaur

¶14

Chota Ram S/o Shri Shankar Lal, Aged About 53 Years, R/ o Sogavas Tehisl Merta Dist. Nagaur At Present Working As Land Records Inspector Badayali Panchayat Samiti Riyabadi Dist. Nagaur

¶15

----Petitioners

¶16

Versus

¶17

State Of Rajasthan, Through Pp

¶18

Bhanwar Singh @ Gopa Singh S/o Shri Kalyan Singh, B/c Rajput R/o Vill. Bhainsda Kalan Tehsil Rinyabadi Dist. Nagaur

¶19

----Respondents

¶20

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. Gaurav Singh, PP

¶21

(2 of 2)

¶22

[CRLMP-2443/2022]

¶23

Mr. Dhirendra Singh, Sr. Advocate assisted by Mr. Jagdish Singh Mr. Prabhu Lal Kumawat, Dy. Superintendent of Police, ACB, Ajmer.

¶24

HON'BLE MR. JUSTICE FARJAND ALI

¶25

Order

¶26

22/11/2022

¶27

Mr. Prabhu Lal Kumawat, Dy. Superintendent of Police, ACB, Ajmer who is conducting the matter ispresent in person along with the factual report as per which, after thorough investigation, negative Final Report No. 107/22 dated 17.10.2022 has been chalked out and it is about to be submitted before the court concerned. Earlier also, on two three occasions, the same conclusion was drawn.

¶28

In this view of the matter, nothing survives in this petition, thus, the same is dismissed. However, the agency is directed to submit the final report with the court concerned within thirty days from today. In the event, the negative Final Report is submitted, the complainant would be at liberty to move a protest petition averring therein the grievances that he has raised in the petition and the documents on which he placed reliance. In the event such a protest petition is submitted, the learned Special Judge shall consider the same and then initiate inquiry in accordance with Sections 200, 202, 203, 204 Cr.P.C. and shall make sincere endeavor to conclude the inquiry as expeditiously as possible.

¶29

It is made clear that this Court has not gone into the niceties of the matter, it is open to the Special Judge to consider the facts afresh and then pass an order without being influenced by the order passed by this Court. The factual report be taken on record.

¶30

(FARJAND ALI),J

¶31

23-Arti/-

Kailash Chandra Agarwal v. State of Rajasthan

Case brief

What is this about?

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Kailash Chandra Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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