Dismissed

Smt. Madhu Vyas D/O Shri Gopal Krishan Vyas W/O Shri Nirmal Sharma v. State of Rajasthan

Rajasthan HC10 Oct 2024CRLMP/378/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a criminal miscellaneous petition challenging a trial court's order not taking cognizance. The Court held that since the case against the accused had abated due to his death, the petition was devoid of merit. The petition was set aside from further consideration.

What the court decided

AI extract

Smt. Madhu Vyas D/O Shri Gopal Krishan Vyas W/O Shri Nirmal Sharma Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JP:42992]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 378/2022

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Smt. Madhu Vyas D/o Shri Gopal Krishan Vyas W/o Shri Nirmal Sharma, Aged About 37 Years, Resident Of Tan Keshyawala, Police Station Muhana, Tehsil Sanganer, District Jaipur Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Kailash Sharma S/o Late Shri Sitaram Sharma, Resident Of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

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Santosh Sharma W/o Shri Kailash Sharma, Resident Of Village Titariya, Tehsil Chaksu, Distt. Jaipur.

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Devesh Nandoi S/o Shri Kishan Kumar Sharma, Resident Of Jatwada Khurd Mantown, Sawaimadhopur.

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----Respondents

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For Petitioner(s)	: Mr. SanjayKhan
For Respondent(s)	: Mr. Jitendra Singh Rathore, Addl. G A
	Mr. Rajat Ranjan

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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10/10/2024

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This criminal misc. petition has been filed by the petitioner under Section 482 CrPC against the order dated 31.10.2019 in complaint No. 93/2019 passed by Metropolitan Magistrate No. 12, Jaipur Metropolitan, Jaipur whereby the trial court did not take cognizance against the accused respondent Nos. 2 to 4 for the offence under Sections 498-A and 406 IPC.

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Learned counsel for the petitioner submits that petitioner lodged an FIR No. 106/2019 for the offence under Sections 498-A, 406, 323, 341, 354(a), 354(d), 376 and 511, in which after

[2024:RJ-JP:42992]

[CRLMP-378/2022]

(2 of 2)

completing the investigation, the Investigating Officer has filed the charge sheet against the accused Nirmal only for the offence under Section 498-A and 406 IPC. Investigating Officer has not found any offence to have been made out against the respondent Nos. 2 to 4. Although, the petitioner in her statement recorded under Section 164 CrPC clearly stated the offence against the respondent Nos. 2 to 4, but the trial Court did not take cognizance against the respondent Nos. 2 to 4. So, the order dated 31.10.2019 passed by the trial Court be set aside and trial Court be directed to take appropriate cognizance against the respondent Nos. 2 to 4.

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Learned counsel for the respondent Nos. 2 to 4 has opposed the arguments advanced by the learned counsel for the petitioner and submits that accused Nirmal has died. So, case against the accused Nirmal is abated. So, present petition filed by the petitioner being devoid of merit, is liable to be dismissed.

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I have considered the arguments advanced by the learned counsel for the petitioner and learned counsel for the respondent Nos. 2 to 4 and perused the impugned order.

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On account of death of accused Nirmal proceeding against him stands abated and presently no proceeding is pending against him before the trial Court. So, present petition filed by the petitioner being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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Pending application(s), if any, stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Tahir/312

Smt. Madhu Vyas D/O Shri Gopal Krishan Vyas W/O Shri Nirmal Sharma v. State of Rajasthan

Case brief

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Smt. Madhu Vyas D/O Shri Gopal Krishan Vyas W/O Shri Nirmal Sharma v. State of Rajasthan

Case brief

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