Dismissed¶21

State of Rajasthan v. Phool Chand Nitharwal

Rajasthan HC7 Mar 2025CRLAS/358/2018

Case brief

AI extract

What is this about?

Rajasthan High Court Jaipur; S.B. Criminal Appeal No. 358/2018; State Of Rajasthan v. Phool Chand Nitharwal; acquittal under Sections 7 and 13(1)(d)(2) Anti Corruption Act 1988; Sessions Case No.10/2003; Special Judge Sessions Court Prevention of Anti Corruption Act No.1 Jaipur; impugned judgment dated 21.1.2017; appeal under Section 378(i)(iii) Cr.P.C.; respondent died 03.08.2024; death certificate dated 20.08.2024 Registrar Ringus Sikar; I.A. No.1/2025 under Section 528 B.N.S.S. 2023; appeal dismissed being abated; stay application disposed; judgment dated 07/03/2025; Justice Ashutosh Kumar; then SHO PS Malsisar Jhunjhunu; abatement on death of accused.

What did the court decide?

In view of the fact that the accused-respondent has expired, this criminal appeal is liable to be dismissed being abated. ¶20

State of Rajasthan Vs Phool Chand Nitharwal — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:10458]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 358/2018

State Of Rajasthan

----Appellant

Versus

Phool Chand Nitharwal S/o Ram Pratap, R/o Dhani Teela Ki Wali Reeng Distt. Sikar, At Present Sub Inspector Of Police, the then S.H.O. Police Station Malsisar Distt. Jhunjhunu.

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----Respondent

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For Appellant	: Mr. RishirajSingh Rathore,PP
For Respondent	: Mr. Devendra Singh Shekhawat, Adv.
	on behalf of Mr. Ripu Daman
	Singh Naruka,Adv.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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07/03/2025

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This criminal appeal has been filed under Section 378(i)(iii) of Cr.P.C. challenging the judgment and order dated 21.1.2017 passed by the Special Judge, Sessions Court, Prevention of Anti Corruption Act No.1, Jaipur (hereinafter referred to as the ‘Sessions Court’) in Sessions Case No.10/2003 whereby while passing the impugned judgment, learned Sessions Court acquitted the accused-respondent for the offences punishable under Sections 7 and 13(1)(d)(2) of the Anti Corruption Act, 1988.

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Learned counsel appearing on behalf of the accusedrespondent has filed an Application (I.A. No.1/2025) under Section 528 of B.N.S.S.,2023 stating therein that the accused-respondent has expired on 03.08.2024.

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[2025:RJ-JP:10458]

[CRLAS-358/2018]