Dismissed

Kedarmal Maharia S/O Shri Hanumanaram v. State of Rajasthan

Rajasthan HC4 Oct 2023CRLR/132/2022

Case brief

AI extract

What is this about?

The High Court dismissed a criminal revision petition challenging the conversion of a Section 302 IPC offence to Section 306 IPC. The court accepted the petitioner's offer to withdraw the petition with liberty to file an application under Section 216 Cr.P.C. and a miscellaneous application under Section 482 Cr.P.C. before the trial for challenging the medical opinion.

What did the court decide?

Petition dismissed as withdrawn with liberty to file an application under Section 216 Cr.P.C. and a misc. application under Section 482 Cr.P.C.

Kedarmal Maharia S/O Shri Hanumanaram Vs State… — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JP:26658]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 132/2022

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Kedarmal Maharia S/o Shri Hanumanaram, R/o House No. 1264, Ward No. 55, Surya Nagar Piprali Road, Sikar

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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Ramswaroop S/o Shri Banwarilal, Aged About 35 Years, R/o Pakhalo Ki Dhani, Tan Mohanwadi, Ps Udaipurwati Dist. Jhunjhunu Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Parmender Dadhich For Respondent(s) : Mr. Mahendra Meena, PP Mr. O.P. Jhajharia

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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04/10/2023

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During course of argument, it is submitted that trial has already begun and one witness was also examined by the prosecution.

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Learned counsel for petitioner submitted that the FIR was registered for offence under Section 302 IPC but due to malicious opinion obtained in connivance to help accused, the offence was converted from Section 302 to 306 IPC and ultimately chargesheet was drawn under Section 306 IPC. He submitted that he already raised this issue at the stage of charge though he candidly admitted the fact that investigating agency has recommended charge-sheet under Section 306 IPC and trial court has proceeded to take cognizance under Section 306 IPC.

[2023:RJ-JP:26658]

[CRLR-132/2022]

(2 of 2)

During course of argument, he submitted that case revolved around opinion of medical jurist and they already raise a complaint on administrative side against the medical jurist and also preferred misc. application under Section 482 Cr.P.C. before this Hon’ble Court. He offers to withdraw this petition with liberty to file application under Section 216 Cr.P.C. at appropriate stage either after examination of medical jurist concerned or decision of petition under Section 482 Cr.P.C.

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Considered aforesaid, with liberty aforesaid, present petition is dismissed as withdrawn.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /139

Kedarmal Maharia S/O Shri Hanumanaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kedarmal Maharia S/O Shri Hanumanaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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