Shri Krishna Chand v. Mangi Bai and Others
Case brief
What is this about?
A Civil Restoration Application challenging the Order quashing the Order of remand. The High Court held that the Order of remand should not have been set aside as relevant materials were discovered during the judicial investigation which could not be ignored.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No. 331/2018
Shri Krishna Chand S/o Shri Badralal B/c Brahmin, R/o Pachhunda, Police Station And Tehsil Bengu, District Chittorgarh, Rajasthan
----Petitioner
Versus
- Mangi Bai, W/o Late Shri Narayan, B/c Bhil, R/o Village Bhujar, Present Address Dabi, Tehsil And District Bundi Rajasthan
- Shyam Lal S/o Late Shri Narayan, B/c Bhil, R/o Village Bhujar, Present Address Dabi, Tehsil And District Bundi Rajasthan
- Soniya Bai D/o Late Shri Narayan B/c Bhil, R/o Village Bhujar, Present Address Dabi, Tehsil And District Bundi Rajasthan
- Bhanwar Lal S/o Late Shri Narayan Minor Through His Guardian Mother Mangi Bai W/o Late Shri Naraya, R/o Village Bhujar, Present Address Dabi, Tehsil And District Bundi Rajasthan
- Santosh Bai D/o Late Shri Narayan, Minor Through His Guardian Mother Mangi Bai W/o Late Shri Naraya, R/o Village Bhujar, Present Address Dabi, Tehsil And District Bundi Rajasthan
Issues for consideration
2 issues framed by the court
Whether the setting aside of the Order of remand was erroneous in view of the nature of discovery made during the judicial investigation of the case.
Whether the Respondents could be given time to disclose pertinent information of the case and hence the Order of remand on the same ground could not be cancelled.
Parties & counsel
- petitioner
Shri Krishna Chand S/o Shri Badralal
- respondent
Mangi Bai
- respondent
Shyam Lal S/o Late Shri Narayan
- respondent
Soniya Bai D/o Late Shri Narayan
- respondent
Bhanwar Lal S/o Late Shri Narayan
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CRES/331/2018
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