Mohsin Khan vs State Of Rajasthan
2021 Latest Caselaw 11357 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 3451/2021

Mohsin Khan S/o Sh. Salim Khan Kayamkhani, Aged About 28
Years, Ahmednagar Fuliya Gate, Shahpura, P.s. Shahpura, Dist.
Bhilwara (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Sabir Mohammed S/o Sh. Fakruddin Chhipa, Gangapur,
        Dist. Bhilwara (Raj.).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Rakesh Matoria
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

23/07/2021
     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     Counsel for the petitioner has relied upon the judgment

passed by Hon'ble Supreme Court in Sanju Alias Sanjay Singh

Sengar Vs. State of Madhya Pradesh reported in AIR 2002 SC

1998 and decision of Hon`ble Madhya Pradesh High Court in Vivek

Kumar Jain & Anr. Vs. State of M.P. & Anr., dated 27.11.2014 in

M.Cr.C. No.815/2014.

     Learned PP has submitted case-diary alongwith the factual

report in which the Investigating Officer has noted that apart from

petitioner the deceased had taken money from many other

persons.

                    (Downloaded on 27/07/2021 at 08:33:32 PM)
                                                                          (2 of 2)                   [CRLMP-3451/2021]


                                        Counsel for the petitioner submits that merely asking back

                                   money cannot constitute offence under Section 306 IPC.

                                        Issue notice to respondent no.2, returnable within a period

                                   of eight weeks.

                                        In the meanwhile, the petitioner shall not be arrested in

                                   connection with FIR No.173/2021 of Police Station Shahpura,

                                   District Bhilwara. However, the petitioner shall be required to join

                                   the investigation.


                                                                  (DR.PUSHPENDRA SINGH BHATI),J.

129-Sanjay/-

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