Rajasthan High Court - Jodhpur
Rami Devi vs State And Anr on 16 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1053/2018
Rami Devi Wife Of Late Sh. Hajari Mal, By Caste Jat, Resident Of
Sadasar, Tehsil Sardarshahar, District Churu Rajasthan
----Petitioner
Versus
1. State Of Rajasthan Through Public Prosecutor
2. Shubh Karan Son Of Sh. Surja Ram, By Caste Brahmin,
Resident Of Sadasar, Tehsil Sardarshahar, District Churu
Rajasthan
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1050/2018
Rami Devi Wife Of Late Sh. Hajari Mal, By Caste Jat, Resident Of
Sadasar, Tehsil Sardarshahar, District Churu Rajasthan
----Petitioner
Versus
1. State Of Rajasthan Through Public Prosecutor
2. Shubh Karan Son Of Sh. Surja Ram, By Caste Brahmin,
Resident Of Sadasar, Tehsil Sardarshahar, District Churu
Rajasthan
----Respondents
S.B. Criminal Misc(Pet.) No. 1051/2018
Rami Devi Wife Of Late Sh. Hajari Mal, By Caste Jat, Resident Of
Sadasar, Tehsil Sardarshahar, District Churu Rajasthan
----Petitioner
Versus
1. State Of Rajasthan Through Public Prosecutor
2. Shubh Karan Son Of Sh. Surja Ram, By Caste Brahmin,
Resident Of Sadasar, Tehsil Sardarshahar, District Churu
Rajasthan
----Respondents
For Petitioner(s) : Mr. KR Saharan
Mr CR Choudhary
For Respondent(s) : Mr. Abhishek Purohit, AGA
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(2 of 3) [CRLMP-1053/2018]
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/08/2022
In S.B. Criminal Misc(Pet.) Nos. 1053/2018 &
1050/2018 :
Learned counsel for the petitioner submits that the FIRs are
of same year, and thus, application preferred by the petitioner
under Section 219 of Cr.P.C. ought to be allowed.
Learned Public Prosecutor submits that there ought to have
been three offences of same kind committed within an year, which
could be charged together for invoking Section 219 of Cr.P.C.
Heard learned counsel for the parties and perused the record
of the case.
It is not disputed that the offences were not committed
within an year.
Hence, no cause of any interference is made out in the
present petition, thus, the same is accordingly dismissed. All
pending applications also stand dismissed accordingly.
In S.B. Criminal Misc(Pet.) No. 1051/2018
This petition has been preferred, laying a challenge to order
passed by learned trial court whereby charges have been framed
against the petitioners.
At the outset, learned Public Prosecutor, while opposing the
petition, relied upon the judgment of Sanghi Brothers (Indore)
Pvt. Ltd. Vs. Sanjay Chaudhary & Ors, reported in 2009 Cr. L.J.
338, wherein the Hon'ble Supreme Court has held that suspicion
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(3 of 3) [CRLMP-1053/2018]
about commission of an offence and involvement of the accused
is sufficient to frame charge.
Taking into consideration narrow scope of interference at this
stage, the overall factual matrix as well as record of the case, no
cause for making any interference is made out. However, the
petitioners shall be at liberty to take up all their legal issues, at
the appropriate stage, before the learned trial court.
The present misc. petition stands disposed of accordingly. All
pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
74-76-Sudheer/-
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