Lovepreet vs State Of Rajasthan
2021 Latest Caselaw 16769 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5832/2021

Lovepreet D/o Sh. Gurcharan Singh, Aged About 30 Years, R/o 327, 1st Block, Bhai Randheer Singh Nagar, Sarabha Nagar Ludhiyana, Punjab.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Harashveer Singh S/o Satvindrapal Singh, R/o House No. H-126 New Civil Line, Hanumangarh Junction Dist. Hanumangarh (Raj.).

3. Narendra Kaur W/o Satvindrapal Singh, R/o House No. H-

126 New Civil Line, Hanumangarh Junction Dist. Hanumangarh (Raj.).

4. Satvindrapal Singh S/o Sh. Bakhtawar Singh, R/o House No. H-126 New Civil Line, Hanumangarh Junction Dist. Hanumangarh (Raj.).

----Respondents

For Petitioner(s) : Mr. B.S. Sandhu For Respondent(s) : Mr. S.S. Rajpurohit

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/11/2021

Learned counsel for the petitioner submits that petitioner

lodged a First Information Report bearing No. 266/2020 at Police

Station Mahila, District Hanumangarh. He submits that after

investigation, the police without issuing any notice to the

petitioner filed charge-sheet only against respondent No.2

Harashveer Singh, whereas respondent Nos.3 and 4, namely,

Narendra Kaur and Satvindrapal Singh have not been charge-

sheeted. He further submits that even the trial court vide order

(2 of 2) [CRLMP-5832/2021]

14.07.2021 has accepted the final report and has proceeded to

take cognizance only against respondent No.2 and has not taken

cognizance against the other respondents without issuing any

notice to the petitioner.

To buttress his arguments, learned counsel for the petitioner

has relied upon the judgment of the Hon'ble Supreme Court in the

case of Union Public Service Commission Vs. S. Papaiah &

Ors. reported in (1997) 7 SCC 614.

Considering the submissions made at the Bar and going

through the order dated 14.07.2021, it appears that no notice was

issued to the petitioner before taking cognizance against

respondent No.2 and dropping respondent Nos.3 and 4.

Issue notice, returnable on 15.12.2021.

In the meanwhile and till the next date of hearing, the

proceedings pending before the Judicial Magistrate, Hanumangarh

in Criminal Case No. 163/2021 shall remain stayed.

(VINIT KUMAR MATHUR),J

62-Vivek/-

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