Dismissed

Yogesh Lal Sharma v. State of Rajasthan

Rajasthan HC13 May 2024CRLMP/193/2023

Case brief

AI extract

What is this about?

Petitioners withdrew criminal miscellaneous and stay petitions, declining argument. The Court dismissed the petitions but ordered fair and expeditious investigation, prescribing a 30-day prior notice before arrest if offences are triable by Magistrate or Section 41-A Cr.P.C. applies.

What did the court decide?

Petitions dismissed as not pressed; investigation ordered to be fair/expeditious; direction for 30-day prior notice before arrest if applicable under Magistrate jurisdiction or Section 41-A Cr.P.C.

Yogesh Lal Sharma Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JD:21331]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 728/2023

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Jag Ram S/o Late Shri Harji Ram Meghwal, Aged About 67 Years, Ramsiya, District Nagaur.

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Jheena Ram S/o Late Shri Harji Ram Meghwal, Aged About 80 Years, Ramsiya, District Nagaur.

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Prahlad Ram S/o Nathu Ram Meghwal, Aged About 61 Years, Ramsiya, District Nagaur.

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Shrawan Ram S/o Nathu Ram Meghwal, Aged About 44 Years, Ramsiya, District Nagaur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Devi Lal S/o Dayal Ram, Ramsiya, Mundwa, District Nagaur.

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----Respondents

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CONNECTED WITH

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S.B. Criminal Misc(Pet.) No. 193/2023

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Yogesh Lal Sharma S/o Shri Bhanwar Lal, Aged About 52 Years, R/o Deedwana, Tehsil Deedwana, District Nagaur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Devi Lal S/o Dayal Ram, R/o Ramsiya, Mundwa, District Nagaur.

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----Respondents

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For Petitioners	: Mr.	V.D. Gaur
For Respondent No.1	: Mr.	Shrawan Kumar, P.P.
For Respondent No.2	: Mr.	S.S. Gaur
	Mr.	J.K. Suthar

(2 of 2)

[2024:RJ-JD:21331]

[CRLMP-728/2023]

HON'BLE MR. JUSTICE FARJAND ALI

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Order

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13/05/2024

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After arguing to some extent, learned counsel for the petitioners does not want to press these criminal misc. petitions but seeks benevolence of this Court for protection of their right to life.

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Since, during the course of arguments, it is observed that prima facie the allegations levelled in the FIR disclosing the commission of cognizable offence and of course in such cases investigation has to be done so as to know or examine the truthfulness and genuineness of the allegations levelled in the FIR. 3. In this view of the matter the instant criminal misc. petitions as well as stay petitions are dismissed as not pressed. However, it is ordered that the complete investigation shall be conducted in these matters fairly, impartially and expeditiously. It is further ordered that if, after conclusion of the investigation, the offence is found proved against the petitioners, which is exclusively triable by a Court of Magistrate or for some the provision contained under Section 41-A of the Cr.P.C. applies, then instead of affecting arrest at once, a prior notice of 30 days shall be given to them so that they may exercise their legitimate rights.

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(FARJAND ALI),J

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Abhishek Kumar S.Nos.459 & 460

Yogesh Lal Sharma v. State of Rajasthan

Case brief

What is this about?

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Yogesh Lal Sharma v. State of Rajasthan

Case brief

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