Hon'ble Mr. Justice Praveer Bhatnagar dismissed S.B.Cr.Misc.(Pet.) No. 2552/2017 filing by Gopal Soni challenging an order dismissing his application under Section 315 Cr.P.C., finding no illegality.
Nothing
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[2023/RJJD/016062]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2552/2017
Gopal Soni S/o Pareshwar Soni, R/o Opposite Aakashwani, Iiird C Paota C Road, Jodhpur.
----Petitioner
| Versus |
|---|
| 1. | State Of Rajasthan | |
|---|---|---|
| 2. | Paras Soni S/o Sohan Lal | Soni, R/o Mani Jewelers, |
| Ratanada, Jodhpur. |
----Respondents
| For Petitioner(s) | : | Nonepresent |
|---|---|---|
| For Respondent(s) | : | Ms. Kamla Goswami, PP for |
| Mr. Vikram Sharma |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
18/05/2023
None appeared on behalf of the petitioner. From the perusal of status report it appears that accused-petitioner is absconding since 15.12.2019.
Perused the impugned order dated 29.06.2016, whereby the application of petitioner for seeking time to examine himself under Section 315 of Cr.P.C. was dismissed. The order sheet reveals that matter under Section 138 of N.I. Act was pending from the year 2006 and matter was placed for final argument and petitioner after seeking several opportunities filed an application under Section 315 of Cr.P.C. and further there was no relevancy of the documents which the petitioner submitted before the learned trial court.
[2023/RJJD/016062]
[CRLMP-2552/2017]
(2 of 2)
Thus, his application under Section 315 of Cr.P.C. was dismissed. Furthermore, this order was challenged before the learned Additional District Judge No.5, Jodhpur Metropolitan, wherein the order dated 29.06.2016 was affirmed. Thus, looking to the concurrent finding, I do not find any illegality in the order and the same is dismissed.
(PRAVEER BHATNAGAR),J
28-Suraj/-
2 issues framed by the court
Whether to allow the S.B. Criminal Misc. Petition challenging the dismissal of an application to examine under Section 315 of Cr.P.C.
Whether the dismissal of the application for time to examine was arbitrary given the trial nature and absconding status of the petitioner.
2 provisions across 2 enactments
Gopal Soni
State Of Rajasthan
Paras Soni
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
