Dismissed

Hitesh Vyas v. State of Rajasthan

Rajasthan HC4 Nov 2022CRLMP/3028/2022

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous Petition under Section 482 CrPC challenging an FIR, the Court observed that with 151 persons involved and petitioners already on bail, there is no reason to keep the petition pending. The petition and stay petition were dismissed with liberty to raise defences later.

What did the court decide?

Petition under Section 482 CrPC and stay petition dismissed with liberty to raise defences at appropriate stage.

Hitesh Vyas Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc(Pet.) No. 3028/2022

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Hitesh Vyas S/o Sh. S.n. Vyas, Aged About 28 Years, R/o Kumariya Kuya, Jodhpur.

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Arvind S/o Sh. Braj Mohan Purohit, Aged About 34 Years, Jhalap Mohalla, Inside Jalori Gate, Jodhpur Both Are R/o Jodhpur City, Jodhpur.

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Khimanshu Gehlot S/o Dharmendra Gehlot, Aged About 25 Years, Hanumanbhakri Nai Sadak, Jodhpur.

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Himanshu Chauhan S/o Amrit Lal Chauhan, Aged About 24 Years, Nearby Sardar School, Hakim Baag, Gali No. 5, Sardarpura, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Dinesh Lakhawat SHO, P.S. Sardarpura, Jodhpur.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Jogendra Singh : Mr. Vineet Jain, Sr. Advocate (Special Public Prosecutor), assisted by Mr. Pravin Vyas & Mr. Gaurav Singh Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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04/11/2022

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By way the present petition filed under section 482 of the Code of Criminal Procedure, 1973, the petitioners have challenged the FIR No.113/2022, registered at P.S. Sardarpura, Jodhpur City West, Jodhpur for offence under Section 147, 148, 149, 323, 341, 153-A, 160, 332 & 353 of IPC and section 3 of the Prevention of Damage to Public Property Act, 1984.

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(2 of 2)

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[CRLMP-3028/2022]

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Mr. Vineet Jain, learned Sr. Advocate, Special Public Prosecutor on the basis of the factual report dated 20.09.2022 submits that after investigation the Investigating Officer has found offences to have been committed by the present petitioners, the petitioners have been arrested and enlarged on bail by the competent Court and, therefore, nothing remains to be done in this matter.

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Mr. Singh, learned counsel for the petitioners submits that the investigation is not conducted fairly and the petition be not disposed of.

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Having regard to the facts and circumstances of the case and considering that as many as 151 persons are involved in the offence alleged, this Court does not find any reason to keep the petition pending, particularly when the petitioners have been arrested and enlarged on bail. While giving liberty to raise all their defence(s) and contentions at appropriate stage, the present petition is disposed of.

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Stay petition also stands disposed of accordingly.

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(DINESH MEHTA),J

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257-Ramesh/-

Hitesh Vyas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hitesh Vyas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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