Ramniwas Khatkar vs State Of Rajasthan
2021 Latest Caselaw 11878 Raj

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

(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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