HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 190/2021
1. Ramniwas Khatkar S/o Shri Bodu Ram, Aged About 62 Years, R/o Village Tilanesh , Tehsil Degana , Distt. Nagaur
2. Misa Ram S/o Shri Moda Ram, Aged About 44 Years, R/o Village Jaroda, Merta Road, District Nagaur.
3. Sampat Khatkar S/o Shri Ramrakh, Aged About 29 Years, R/o Village Tilanesh, Tehsil Degana, District Nagaur.
----Petitioners Versus
1. State Of Rajasthan, Through PP
2. Smt. Parma Devi W/o Shri Rekha Ram, Aged About 43 Years, R/o Village Tilanesh, Tehsil Degana, District Nagaur.
----Respondents For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Anil Joshi, PP Mr. Manish Bhunwal HON'BLE MR. JUSTICE SANDEEP MEHTA Judgment 29/07/2021 Heard. Perused the material available on record. The misc. petition (No.3134/2019) filed on behalf of the accused petitioners came to be listed before this Court on 01.03.2021. On that day, learned Public Prosecutor submitted a factual report stating that it related to the present case which has been filed by the accused petitioners seeking quashing of FIR No.87/2019 registered at Police Station Degana, District Nagaur. However, it appears that by inadvertence, the factual report which was submitted by learned Public Prosecutor was relating to FIR (Downloaded on 29/07/2021 at 08:55:42 PM) (2 of 2) [CRLMA-190/2021] No. 91/2019 Police Station Degana. Relying on the said report, this Court disposed of the misc. petition (No.3134/2019) by order dated 01.03.2021.
Manifestly, the petition was decided on the basis of a wrong factual report submitted by learned Public Prosecutor. Thus, the order dated 01.03.2021 passed in S.B. Criminal Misc. Petition No.3134/2019 is recalled. The misc. petition shall be restored to its original number and shall be listed before the appropriate Bench.
The misc. application is allowed accordingly.
(SANDEEP MEHTA),J 10-Sudhir Asopa/-
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