The High Court of Rajasthan allowed the petitioner's criminal miscellaneous petition. Relying on Kanti Bhadra Shah, the court noted counsel's acceptance of precedent and quashed an earlier order, directing the trial court to proceed with the trial.
Impugned order dated 20.01.2016 quashed; accused-edit respondent's revision dismissed; trial directed to proceed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 271/2018
Smt. Sita Devi W/o Shri Jagdish Ram, By Caste Jat, Resident Of Village Chuntisara, Tehsil And District Nagaur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
OP Sangwa |
|---|---|---|
| For Respondent(s) | : Mr. |
Gaurav Singh, PP |
| Mr. | SR Godara |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/08/2022
The petitioner has preferred the present misc. petition claiming the following reliefs :-
"It is, therefore, respectfully prayed that your Lordships may graciously be pleased to accept and allow the present criminal misc. petition and the impugned order dated 20.01.2016 passed by learned Addl. Sessions Judge no.2, Nagaur may kindly be quashed and set aside, and the revision petition filed by the accused-respondent may kindly be ordered to be dismissed."
Learned counsel for the petitioner submits that in accordance with the precedent law laid down by Hon'ble Supreme Court in Kanti Bhadra Shah & Anr. Vs. State of West Bengal, reported in (2000) 1 Supreme Court Cases 722 , the reasons for framing of charge was not required at this stage and primafacie the offence was proved.
(2 of 2) [CRLMP-271/2018]
Learned counsel for the respondent is not refuted the applicability of the judgment of Kanti Bhadra Shah (Supra). In the given facts and circumstances, the impugned order dated 20.01.2016 is quashed and set aside and the learned trial court is directed to proceed with the trial.
Thus, the present misc. petition is disposed of. All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
55-Sudheer/-
1 issue framed by the court
Whether the impugned order framing requirements should be quashed and the trial directed to proceed.
Colour shows how this judgement treated each authority
Kanti Bhadra Shah & Anr. Vs. State of West BengalRelied on¶15
(2000) 1 Supreme Court Cases 722
Smt. Sita Devi W/o Shri Jagdish Ram
State Of Rajasthan
Smt. Narayani W/o Shri Rooparam
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
