Disposed

Rajesh Tanwar v. State of Rajasthan

Rajasthan HC7 Dec 2023CRLMP/543/2023

Case brief

AI extract

What is this about?

The High Court directed the Execution Magistrate to pass a fresh order under Section 146(1) of CrPC within six months, deeming it appropriate given 14 months elapsed since the prior order setting aside the ex parte proceeding established no need for recording evidence.

What did the court decide?

Directed Execution Magistrate to pass fresh order under Section 146(1) CrPC within six months; proceedings disposed.

Rajesh Tanwar Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023:RJ-JD:42743]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 543/2023

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Rajesh Tanwar S/o Poonam Chand, Aged About 46 Years, R/o Gali No. 3 Rampura Basti PS Nayasar Bikaner

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----Petitioner

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Versus

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State Of Rajasthan, Through PP 2. Mohammad Sadiq S/o Mohammad Ishaq, R/o Gali No. 2 Dhobi Talai Bikaner PS Kotegate Dist. Bikaner

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S.H.O., PS Kotegate Bikaner

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----Respondents

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For Petitioner(s)	: Mr. Muktesh Maheshwari
	Mr. Aidan Choudhary
For Respondent(s)	: Mr. S.K. Bishnoi,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/12/2023

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the order dated 06.01.2022 passed by Executive Magistrate as well as the order dated 14.10.2022 passed by the Court of revision.

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After going through the material as made available to this Court and hearing of the parties, I am of this view that the order setting aside the ex parte order under Section 146(1) of the Cr.P.C. got passed on 14.10.2022 and thereafter 14 months have elapsed, therefore, it is deemed appropriate to direct the Execution Magistrate to pass a fresh order under Section 146(1) of the Cr.P.C. as directed by the learned Court of revision vide order dated 14.10.2022. However, there

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[2023:RJ-JD:42743]

[CRLMP-543/2023]

would be no need to record the evidence in relation to pass an order under Section 146(1) of the Cr.P.C. Needful shall be done preferably within six months from the date of receipt of a copy of this order.

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Accordingly, the instant criminal misc. petition is disposed of.

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The stay petition also stands disposed of.

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(FARJAND ALI),J

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197-Ashutosh/-

Rajesh Tanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Tanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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