The High Court dismissed a criminal revision petition challenging an order that quashed an interim stay on a respondent's business operations. The Court found no ground to interfere in the interlocutory nature of the impugned order.
Revision petition dismissed; impugned order upholding the stay quashment is affirmed.
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-JP:35669]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 437/2004
Nirmala Devi W/o Shri Late Shri Chothmal through her power-ofAttorney holder Sandeed Burad R/o Burad House, Teli Pada, Bapu Bazar, jaipur.
----Petitioner
Versus
1.The State of Rajasthan through Public Prosecutor.
2 Om Prakash S/o Shri Mukund Lal by Caste Sindhi R/o 4/58, Jawahar Nagar, Jaipur, Shop No.3, Laxmi Chat Bhandar, Teli Pada, Link Road, Bapu Bazar, Jaipur.
----Respondent
For Petitioner(s) : None apperance For Respondent(s) : Mr. Prashant Sharma, P.P.
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
22/11/2023
(2 of 2)
[2023:RJ-JP:35669]
[CRLR-437/2004]
operating his Kilns to run the business of Chola Bhatura/Chat Bhandar, Respondent No.2 assailed the said order by way of filing revision petition and the Revisional Court vide order impugned dated 06.04.2004, quashed the said order, however, observed that the Kilns may be operated in such a manner that no inconvenience is caused to others living in the nearby vicinity.
5.. Taking into consideration, the totality of facts and circumstances, this Court is not inclined to interfere with the impugned order.
(SUDESH BANSAL),J
GAURAV KUMAR /1
2 issues framed by the court
Whether the CrPC court should interfere in an interlocutory order restraining a respondent from operating kilns during investigation.
Whether the High Court is inclined to disturb the order quashing the interim restriction imposed by the Magistrate.
2 provisions across 1 enactments
Nirmala Devi W/o Shri Late Shri Chothmal through her power-ofAttorney holder Sandeed Burad
The State of Rajasthan through Public Prosecutor
Om Prakash S/o Shri Mukund Lal
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
