Mohan Singh v. State
Case brief
What is this about?
This Single Judge Bench allowed a petition to quash criminal proceedings initiated under Section 139 CrPC. The Court reversed a lower order, holding that contorted facts in the FIR constituted a cogent case against the respondents. Acknowledging the mischief of murder, the Court held quashing was not legally tenable.
What did the court decide?
The application under Section 139 CrPC to quash the prosecution proceedings was dismissed; the earlier order of the Lower Court was reversed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:30994]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2349/2020
PETITIONERS :-
- Mohan Singh S/o Heer Singh Rajpurohit, Aged 64 Years,
- Keshar Singh S/o Son Singh Rajpurohit, Aged 65 Years,
- Aidan Singh S/o Son Singh Rajpurohit, Aged 70 Years, 4. Sawai Singh S/o Heer Singh Rajpurohit, Aged 65 Years, All are R/o- Village-Chawanda, Tehsil And District Jodhpur.
Versus
NON-PETITIONERS :-
- State of Rajasthan Through Public Prosecutor.
- Prithvi Singh S/o Late Sh. Bhanwar Singh Rajpurohit, R/o- Village- Chawanda, Tehsil And District Jodhpur.
(COMPLAINANT)
Issues for consideration
3 issues framed by the court
Whether the High Court was justified in quashing the criminal proceedings under Section 139 CrPC on a prima facie basis.
Whether the allegations in the FIR constituting offences under Sections 302, 304, 447, and 445 IPC could be relied upon against the respondents.
Whether the quashing order would infringe upon the speedy trial mission in已结束 proceedings.
Parties & counsel
- petitioner
Mohan Singh
- petitioner
Keshar Singh
- petitioner
Aidan Singh
- petitioner
Sawai Singh
- respondent
State of Rajasthan
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · September
- Registered
- Case no.
- CRLMP/2349/2020
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