Allowed

Kiran Singh v. State and Anr.

Rajasthan HC14 Nov 2022CRLMP/906/2015

Case brief

AI extract

What is this about?

The Court allowed the criminal miscellaneous petition and quashed the order taking cognizance under Section 306 IPC. Relying on a Coordinate Bench decision where cognizance against a co-accused was quashed due to lack of evidence and animosity, the Court found no sustainable nexus for the offence against the petitioner.

What did the court decide?

The impugned order dated 04.02.2015 taking cognizance under Section 306 IPC is quashed and set aside along with all pending consequential proceedings.

Kiran Singh Vs State and Anr. — Caste Atrocities | 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. 906/2015

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Kiran Singh S/o Achal Singh By Caste Rajpurohit, R/o Dhola Chontra Pali.

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----Petitioner

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Versus

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State of Rajasthan

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Smt. Lal Kanwar Widow of Madan Singh by caste Rajput; R/o 429, Durga Colony, Pali.

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----Respondent

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For Petitioner(s) : Mr. Tejmal Ranka For Respondent(s) : Mr.S.K. Bhati, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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14/11/2022

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This Criminal Misc. Petition has been preferred against the order, dated 04.02.2015, passed by the Special Judge, SC/ST (Prevention of Atrocities Act Cases), Pali, in Criminal Revision No. 88/2014 and against the order, dated 17.07.2012, passed by the Addl. C.J.M. (Communal Riots), Pali taking cognizance under Sectin 306 I.P.C. against the accused-petitioner and the coaccused Ajit Singh @ Papsa in F.R. No. 37/2011 in Criminal Case No. 283/2013, titled Smt. Lal Kanwar Vs. State & Anr.

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Learned counsel for the petitioner submits that a Coordinate Bench of this Court vide order dated 27.07.2022 passed in S.B.Criminal Misc. (Pet.) No.812/2017 has allowed the petition filed by the co-accused Ajit Singh @ Papsa and the order impugned taking cognizance has been quashed and set aside and the case of the present petitioner is at par to the co-accused Ajit

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(2 of 3)

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[CRLMP-906/2015]

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Singh. The relevant part of the judgment passed by the Coordinate Bench dated 27.07.2022 is reproduced as under:-

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This Court finds that; owing to the peculiar facts and circumstances of the present case, absence of any nexus of direct relationship, that the concerned police authorities filed a negative final report upon completion of investigation, the animosity that the respondent had for the petitioner, owing to the fact that she was caught selling kerosene on the black market by him, further fortified by the fact that she had filed a false case against him, and the letter written by the wife of the deceased attributing the death of the deceased victim to the respondent-mother, coupled with the testimony of other witnesses against her and in favour of the petitioner, the impugned order taking cognizance against the petitioner is not sustainable in the eye of the law.

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15.1 This Court, finds that the present case squarely falls within the ambit of the guidelines as laid down by the Hon’ble Apex Court in Bhajan Lal (supra).

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This Court finds that prima facie no offence is made out under Section 306 I.P.C. against the petitioner, since the ingredients for the said offence are not made out.

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This Court, in light of the above discussion, quashes and sets aside the impugned order taking cognizance against the petitioner, passed by the learned Court below.

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Resultantly, the present petition succeeds, and is hereby allowed. Accordingly, all pending applications, if any, are disposed of.

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(3 of 3)

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[CRLMP-906/2015]

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The Coordinate Bench has dealt with all the legal and factual aspects of the matter which does not require to be considered again. The nature of allegation and participation/involvement of the petitioner and the case of the co-accused Ajit Singh is not distinguishable in any manner rather, the nature of allegation is the same.

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Thus, in view of the judgment delivered by the Coordinate Bench dated 27.07.2022 passed in S.B.Criminal Misc. (Pet.) No.812/2017 (Ajit Singh @ Papsa Vs. Smt. Lal Kanwar), the Misc. Petition filed by petitioner Kiran Singh also deserves to be allowed.

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Accordingly, the Misc. Petition is allowed. The impugned order dated 04.02.2015 passed by the Special Judge, SC/ST (Prevention of Atrocities Act Cases), Pali, in Criminal Revision No. 88/2014 whereby the cognizance has been taken and all other consequential proceedings arose out of FIR NO.152/2011 P.S. Kotwali Pali are hereby quashed and set aside. The stay application also stands disposed of.

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(FARJAND ALI),J

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86-Mamta/-

Kiran Singh v. State and Anr.

Case brief

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Kiran Singh v. State and Anr.

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