Disposed¶22

Ramprakash Son of Shri Bhanwarlal v. State of Rajasthan

Rajasthan HC12 May 2025CRLMP/2343/2025

Case brief

AI extract

What is this about?

Production of documents; CCTV footage; mobile location data; Section 91 CrPC; stage of framing of charge; necessity and desirability test; Additional Sessions Judge Kota; claim of innocence of accused; no prejudice; liberty to file application at appropriate stage; petition disposed; Rajasthan High Court Jaipur; CRLMP-2343/2025.

What did the court decide?

Petitioner at liberty to file appropriate applications before the concerned Court at appropriate stage; pending applications, if any, stand disposed of. ¶22

Ramprakash Son of Shri Bhanwarlal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

¶1

[2025:RJ-JP:19877]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2343/2025

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Ramprakash Son Of Shri Bhanwarlal, Aged About 32 Years, R/o Gudda, Police Station Vivek Vihar District Jodhpur Rajasthan.

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----Petitioner

¶6

Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr. Majhar Hussain
For Respondent(s)	: Mr. M. S. Shekhawat,PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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12/05/2025

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The present petition is filed assailing the order dated 05.03.2025 passed by learned Additional Sessions Judge, Kota, whereby application filed by petitioner seeking production of document i.e. CCTV footage and data pertaining to mobile location was dismissed.

¶14

Learned counsel for the petitioner has submitted that if the above stated application is not allowed, same would frustrate the claim of innocence of the petitioner, thereby prejudicing the case of the petitioner before the concerned Court.

¶15

Upon perusal of the impugned order dated 05.03.2025, this Court has noted that learned Trial Court has observed that if any prayer is made for production of documents to prove innocence of the accused, same is not permissible at the stage of framing of charge. Further, provisions of Section 91 of CrPC and test of necessity and desirability was also considered by the learned Trial

[2025:RJ-JP:19877]

[CRLMP-2343/2025]

(2 of 2)

Court. The relevant portion of the impugned order is reproduced herein below:-

¶20

"vr% ekfQd mDr U;kf;d n"Vkar ds eqyfte dks dkWy fMVsy eqyfte dh izfrj{kk ls iwoZ ugha nh tk ldrhA blh izdkj ls tks VkWy Iyktk ds lhlhVhoh QqVst ekaxs x, gSa] os Hkh eqyfte dh izfrj{kk ls lEcfU/kr gSaA vr% ekfQd mDr U;kf;d n"Vkar ds] eqyfte dh izfrj{kk esa izdj.k vHkh ugha vk;k gS] izdj.k vHkh lk{; vfHk;kstu esa gSA vr% izkFkhZ@vfHk;qDr jkeizdk'k iq= Hkaojyky dh vksj ls izLrqr izkFkZuk Lohdkj fd;k tkuk U;k;ksfpr ugha gSA"

¶21

Considering the findings and observations of the learned Trial Court, this Court is of the opinion that no prejudice is caused to the petitioner and petitioner is at liberty to file appropriate applications before the concerned Court at appropriate stage.

¶22

Accordingly, present petition is disposed of. Pending applications, if any, stand disposed of.

¶23

(SAMEER JAIN),J

¶24

Pooja /262

Ramprakash Son of Shri Bhanwarlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramprakash Son of Shri Bhanwarlal v. State of Rajasthan

Case brief

What is this about?

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What the court decided

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