Allowed

Satpal Munjal v. State of Rajasthan

Rajasthan HC24 Aug 2022CRLMP/2474/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition raising a conflict between an interim order permitting trial proceedings and a subsequent revisional order. The court ruled in favor of the interim order allowing the trial to proceed.

What did the court decide?

The impugned order dated 15.04.2019 in Criminal Revision No.18/2019 is quashed and set aside; parties are at liberty to take appropriate recourse before the trial court.

Satpal Munjal Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2474/2019

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Satpal Munjal S/o Mathura Das, Aged About 45 Years, B/c Arora , R/o Ward No 19, Tehsil Anupgarh , Distt. Sri Ganganagar

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Hanuman Prasad S/o Nanuram, B/c Bishnoi , R/o Ward No 2, Anupgarh , Tehsil Anupgarh , Distt. Sri Ganganagar

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Devi Lal S/o Nanuram, B/c Bishnoi , R/o Chak 3 Pm , Tehsil Anupgarh , Distt. Sri Ganganagar

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----Respondents

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For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Shardul Singh

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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24/08/2022

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Learned counsel for the petitioner submits that there is an interim order operating as granted by this Hon’ble Court on 16.05.2019, which reads as follows:

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“Heard.

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Issue Notice.

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Learned Public Prosecutor accepts notices on behalf of respondent No.1-State. Issue notice to the respondents No.2 & 3. Rule is made returnable within four weeks.

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Heard on the stay application.

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In the meanwhile, the effect and operation of the order dated 15.04.2019, passed by the learned Additional Sessions Judge, Anupgarh, District Sri Ganganagar in Cr. Revision No.18/2019 shall remain stayed qua the petitioner till next date of hearing.”

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(2 of 2)

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[CRLMP-2474/2019]

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Learned counsel for the petitioner further submits that because of this interim order, which allowed the learned trial court to go ahead with the trial, the trial has commenced and has been considerably completed.

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Learned counsel for the respondents opposes.

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This Court, looking into the fact that the interim order was operating since 16.05.2019 and the trial has already been commenced, is not inclined to discontinue the interim order or go with the revisional order.

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In view of the above, the present petition is allowed. The impugned order dated 15.04.2019 passed by learned Additional Sessions Judge, Anupgarh, District Sri Ganganagar in Criminal Revision No.18/2019 is quashed and set aside. Both the parties shall be at liberty to take appropriate recourse before the learned trial court.

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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131-Zeeshan

Satpal Munjal v. State of Rajasthan

Case brief

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Satpal Munjal v. State of Rajasthan

Case brief

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