Joga Ram vs State Of Rajasthan
2021 Latest Caselaw 16178 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5363/2021

Joga Ram S/o Shri Chutara Ram, Aged About 40 Years, B/c Jat, R/o Kesumbala, Tehsil Gida, District Barmer (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Gavari W/o Late Shri Mana Ram, B/c Jat R/o Budiyon Ka Tallah, Lilsar, Tehsil Chohatan, District Barmer (Raj.).

----Respondents

For Petitioner(s) : Mr. Rameshwar Dave For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/10/2021

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that as far as the

allegation against the present petitioner in the FIR is concerned,

the petitioner has absolutely no role as he had paid some amount

to the deceased Mana Ram and for the recovery of the same, the

petitioner used to call him. He submits that there is nothing on

record which shows that petitioner had abetted or instigated

deceased Mana Ram to commit suicide.

Learned counsel for the petitioner relied upon the judgment

of the Hon'ble Supreme Court in the case of S.S. Chheena Vs.

Vijay Kumar Mahajan & Anr. reported in (2010) 12 SCC

190.

Issue notice to respondent No.2, returnable on 26.11.2021.

(2 of 2) [CRLMP-5363/2021]

Learned Public Prosecutor is directed to call for the factual

report along with case diary on the next date of hearing.

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

petitioner shall not be arrested in connection with FIR No.

318/2021, Police Station Sadar Barmer, District Barmer. However,

the petitioner shall join the investigation and appear before the

Investigating Officer as and when called upon to do so.

(VINIT KUMAR MATHUR),J

206-/Vivek/Shahenshah/-

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