Praveen Mandiwal vs State Of Rajasthan
2022 Latest Caselaw 14917 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1551/2022

Praveen Mandiwal S/o Sh. Bhagirath, Aged About 42 Years, B/c Jat, R/o 122 Dhanmandi, Nai Mandi, Gharsana, Dist. Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Rakesh Kumar @ Lala S/o Sh. Babulal, B/c Khatik, R/o W.no. 19, Near Nirankari Bhawan, Raisinghnagar, Dist. Sriganganagar.

----Respondents

For Petitioner(s) : Mr. N.L. Joshi Ms. Kirti Pareek For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI Order

19/12/2022

Learned counsel for the petitioner submits that the petitioner

is not named in the FIR. He has nothing to do with the alleged

offence and unnecessarily be dragged into the matter to wreak

vengeance upon him. It is submitted that as per the allegation

leveled in the FIR, two persons came in the street of complainant

and opened gun fire, those two persons have been identified as

Abhishek @ Sonu and Sandeep Jakhar. There is no legally

admissible evidence to connect the accused with the crime.

Learned counsel placed reliance on the judgment of Kehar Singh &

Ors vs State (Delhi Administration) reported in AIR 1988 SC 1883

and submits that to invoke the charge under Section 120-B of IPC

there must be some evidence to show agreement of mind between

the perpetrator of the crime and the second person.

(2 of 2) [CRLR-1551/2022]

The matter requires consideration.

Issue notice.

Learned Public Prosecutor is directed to file response to the

revision petition.

List the matter on 11.01.2023.

Till next date of hearing, further proceedings qua the

petitioner in Sessions Case No.89/2021 pending in the Court of

learned Special Judge, SC/ST Act Cases, Sri Ganganagar shall

remain stayed.

(FARJAND ALI),J 291-amit/-

Powered by TCPDF (www.tcpdf.org)