Rishal Singh vs State And Ors
2021 Latest Caselaw 6637 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Appeal No. 7/2013

Rishal Singh

----Appellant Versus State & Ors.

----Respondent

For Appellant(s) : Mr. Yogendra Singh for Mr. Pradeep Shah For Respondent(s) : Mr. Gaurav Singh, PP Mr. M.M. Dhera for R/2 Mr. R.J. Punia for R/3 Mr. D.S. Thind for R/4

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

04/03/2021

The matter comes up for orders on an application

(No.01/2020) filed by Shri D.S. Thind, learned counsel

representing the respondent No.4 Smt. Sheela for releasing the

family pension on the ground that her husband, the deceased Shri

Dharamveer Singh was employed in the Armed Forces and despite

her acquittal from the charge of murdering Shri Dharamveer Singh

vide judgment dated 27.11.2012, which is assailed in this victim's

appeal, the family pension is not being paid to her.

It is an admitted position that Shri Dharamveer Singh was

employed in the Indian Army and thus, jurisdiction to entertain

any lis regarding the service benefits pursuant to his death would

lie to the Armed Forces Tribunal. The High Court does not have

(2 of 2) [CRLA-7/2013]

jurisdiction to entertain such a prayer and at least not in its

criminal jurisdiction. Thus, the misc. application is misconceived

and is dismissed as such.

List on 07.04.2021.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

15-Sudhir Asopa/-

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