Petitioner sought clarification in a criminal miscellaneous application regarding residential accommodation and stair usage granted in a prior writ order. The Court held the specific issue was already decided in the earlier order and dismissed the application as having no survivable cause.
Criminal Miscellaneous Application No. 14/2023 is dismissed.
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[2023/RJJD/004062]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Application No. 14/2023
in
S.B. Criminal Writ Petition No.326/2022
Mehram Fardoda S/o Shri Kisturaram, Aged About 65 Years, R/o Shivnagar, Kuchera, District Nagaur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Mahesh Thanvi |
|---|---|---|
| For Respondent(s) | : Mr. |
Vikram Sharma, PP |
| Mr. | Ramawatar Singh |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Judgment
Reserved on 01/02/2023
Pronounced on 09/02/2023
“It is, therefore, most respectfully prayed that this present application may kindly be allowed and the Annex.5 order dated 03.01.2023 may kindly be clarified by passing that the respondents wives allowed to live in the second floor of the house and use the separate stairs, which are
(2 of 4)
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[CRLMA-14/2023]
built by the petitioner after passing of the order 03.01.2023.
Any other appropriate order or direction, which this Hon’ble Court thinks fit may kindly be passed in favor of the petitioner”.
(3 of 4)
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and his wife to live on the second floor, more particularly, in light of the fact that no such direction was given by this Court in the order dated 03.01.2023, to provide particular accommodation in the house in question.
9. Thus, in view of the above, and the categorical factual submission made by the learned Public Prosecutor that the charge-sheets, in the impugned FIRs, are ready to be filed, the present petitions do not call for any interference, and the same are accordingly dismissed; with the following observations and directions:
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(a) The respondents-Superintendent of Police, Nagaur and SHO, Police Station Kuchera, District Nagaur, are directed to ensure that the ladies (wives) are restored to their original (matrimonial) house situated at Shiv Nagar, Kuchera, District Nagaur. However, this order shall not preclude the in-laws/petitioner, from seeking their (wives) ouster, strictly in accordance with law.
(b) It is made clear that the present order is being passed, only to restore the status quo ante in regard to residential accommodation for the wives, as per the agreement arrived at between the parties, during the mediation proceedings dated 21.11.2022; the same, will however, not accrue any unfettered right in favour of the wives in regard to their stay in the house in question.
10. All pending applications stand disposed of.”
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
2 issues framed by the court
Whether the present criminal miscellaneous application raises a novel issue or is covered by the order dated 03.01.2023 in the connected writ petition.
Whether the prayer for clarification regarding stair usage and floor occupation in SEC has survived the prior interlocutory order.
Mehram Fardoda
State Of Rajasthan
Prem
Dr. Pushpendra Singh Bhati
As recorded by the court registry
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