Citation : 2022 Latest Caselaw 10729 Raj
Judgement Date : 23 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2901/2019
1. Mukhtiyar Singh S/o Gurdayal Singh, Aged About 30
Years, By Caste Bavari, Resident Of Kaliyan Tehsil And
District Sri Ganganagar
2. Moti Ram S/o Hari Ram, Aged About 42 Years, By Caste
Nayak, Resident Of Khokharawali, Teshil Anupgarh,
District Sri Ganganagar
3. Pawan Singh S/o Shor Singh, Aged About 35 Years, By
Caste Majbi, Resident Of 9Ff Tehsil Sri Karanpur, District
Sri Ganganagar
4. Gurdeep Singh S/o Sher Singh, Aged About 19 Years, By
Caste Rai Sikh, Resident Of Salempura, Tehsil
Raisinghnagar, District Sriganganagar
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Amar Chand @ Khandu Ram S/o Sidhu Ram @ Uda Ram,
By Caste Oad Rajput, Resident Of Chak 12 Bjd(A) Tehsil
Raisinghnagar, District Sriganganagar
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3687/2019
1. Ram Singh S/o Sukhdev Singh, Aged About 25 Years, By
Caste Jat Sikh, Resident Of 9 Ff Badopal Tehsil Sri
Karanpur District Sri Ganganagar
2. Sahab Ram S/o Nanu Ram, Aged About 37 Years, By
Caste Jat, Resident Of Kupali Tehsil Sri Vijaynagar, P.s.
Ramsinghpur District Sri Ganganagar
3. Vinod Kumar S/o Hanuman Prasad, Aged About 19 Years,
By Caste Bishnoi, Resident Of Sagarwala, Tehsil And
District Sri Ganganagar
4. Nirmal Singh S/o Beer Singh, Aged About 46 Years, By
Caste Majbi Sikh, R/o Kaliyan P.s. Sri Ganganagar. (Since
Deceased).
5. Roopa Ram S/o Sh. Kalu Ram, Aged About 39 Years, By
Caste Nayak, R/o 48 F P.s. Sri Karanpur District Sri
Ganganagar.
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6. Balvinder Singh S/o Shri Dhukar Singh, Aged About 40
Years, By Caste Majbi Sikh, Resident Of 5Ff P.s. Sri
Karanpur District Sri Ganganagar.
7. Balkaran Singh S/o Sh. Gurdayal Singh, Aged About 40
Years, By Caste Majbi Sikh, Resident Of 9Ff Badopal Tehsil
Sri Karanpur District Sri Ganganagar.
8. Bhajan Lal S/o Sh. Manphool Ram, Aged About 30 Years,
By Caste Meghwal, R/o Salempura Teh. Raisinghnagar
District Sri Ganganagar.
9. Banwari Lal S/o Sh. Manphool Ram, Aged About 42 Years,
B/c Meghwal, R/o Salempura Tehsil Raisinghnagar District
Sri Ganganagar.
10. Dheeraj S/o Sh. Hanuman Prasad, Aged About 20 Years,
By Caste Bishnoi, R/o Sagarwala Tehsil And Dist. Sri
Ganganagar.
11. Brij Lal S/o Sh. Cheta Ram, Aged About 33 Years, By
Caste Nayak, R/o Salempura Tehsil Raisinghnagar District
Sri Ganganagar.
12. Prithvi Singh S/o Sh. Bhala Singh, Aged About 32 Years,
By Caste Raisikh, R/o Salempura Teh. Raisinghnagar
District Sri Ganganagar.
13. Shrawan S/o Sh. Sugna Ram, Aged About 31 Years, By
Caste Bishnoi, R/o Rohidawali Teh. And Dist.
Sriganganagar
14. Mukhram S/o Sh. Mamraj, Aged About 50 Years, By Caste
Nayak, R/o 3 Nzpd Tehsil Raisinghnagar, Dist. Sri
Ganganagar.
15. Smt. Shanti W/o Late Puran Singh, Aged About 50 Years,
By Caste Bhali, R/o 48F Teh. Sri Karanpur District Sri
Ganganagar.
16. Mandar Singh S/o Sh. Bali Singh @ Balkaran Singh, Aged
About 45 Years, By Caste Majbi Sikh, R/o 9Ff Badopal
Teh. Sri Karanpur District Sri Ganganagar.
17. Hanuman Prasad S/o Sh. Bhagirath, Aged About 19
Years, B/c Bishnoi, R/o Sagarwala Teh. And Dist. Sri
Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
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2. Amar Chand @ Khandu Ram S/o Sidhu Ram @ Uda Ram,
B/c Oad Rajput, R/o Chak 12 Bjd (A) Teh. Raisinghnagar
District Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. SR Godara
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/08/2022
These petitions have 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
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.
Both the misc. petition stands disposed of accordingly. All
pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
102-103 Sanjay/-
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