Pokarmal vs State Of Rajasthan
2022 Latest Caselaw 5014 Raj

                                         (1 of 2)                   [CRLLA-396/2018]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Crml Leave To Appeal No. 396/2018

Pokarmal S/o Late Rameshwardas Chamdiya, Aged About 78
Years, R/o H.no.3/62 Housing Board, Hanumangarh
                                                                     ----Appellant
                                     Versus
1.      State Of Rajasthan, Through Pp
2.      Ramswaroop S/o Ramrakh Bishnoi, 11, Tk, Raisinghnagar,
        Sriganganagar.
3.      Karan Singh S/o Anad Singh Rajpoot, Ward No.14, Shakti
        Nagar
                                                                  ----Respondents


For Appellant(s)           :     Mr. Suresh Kumbhat
                                 Mr. Sheetal Kumbhat
For Respondent(s)          :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

04/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The appellant has preferred this criminal leave to appeal

claiming the following reliefs:-


           "a)    The instant leave to appeal may kindly be granted to
                  the appellant;
           b)     the present appeal may kindly be allowed, and;
           c)     the judgment and order impugned dated 27.08.2018
                  may kindly be set aside and the appellants may be
                  convicted for the charges leveled against them, and
                  no benefit of probation should be given to them."

                      (Downloaded on 07/04/2022 at 08:16:48 PM)
                                                                            (2 of 2)                      [CRLLA-396/2018]



                                         Counsel for the appellant submits that due to wrongful

                                   allegation upon the appellant, who is a reputed person of the

                                   society, has resulted into his defamation.

                                         Counsel for the appellant submits that it is alleged that the

                                   appellant used his daughter-in-law to level false allegation against

                                   Bhanwar Singh.

                                         Counsel for the appellant informs the Court that Bhanwar

                                   Singh, was convicted for offence under Section 354 of IPC, vide

                                   judgment dated 22.04.2003.

                                         Counsel for the appellant submits that respondents No.2 & 3

                                   stood as witness in support of main accused Bhanwar Singh.

                                         Counsel for the appellant submits that Bhanwar Singh has

                                   expired, thus, the appeal against him stood abated.

                                         Learned Public Prosecutor submits that since main accused,

                                   is not before this Court, who was convicted for offence under

                                   Section 354 of IPC, then the present leave to appeal, which is

                                   against    the   witnesses,    would       be      of   no       significance,   thus,

                                   submitted that the order passed by learned trial court be affirmed.

                                         This Court after going through record of case as well as

                                   hearing the submissions advanced is not inclined to allow present

                                   leave to appeal, therefore, the same is dismissed.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

89-nirmala/-

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