Himmat Singh vs State
2022 Latest Caselaw 1712 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Appeal No. 79/2022

Himmat Singh

----Appellant Versus State of Rajasthan

----Respondent

For Appellant(s) : Mr. Parwat Singh Rathore through VC. For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

03/02/2022

In wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matters is being taken up only through

video conferencing.

Heard learned counsel for the appellants appearing through

video conferencing and the learned Public Prosecutor, present-in-

person. Perused the material available on record.

Learned Public Prosecutor has stated that complainant was

informed but none has appeared on behalf of the

complainant.

(2 of 3) [CRLAS-79/2022]

Upon query of the Court, learned Public Prosecutor has not

been able to disclose the fact that how service has been effected

on the complainant.

As observed by this Court in the case of "Mandeep Vs.State

of Rajasthan" (Criminal Appeal No. 807/2021) vide order dated

24.09.2021, the prosecution is required to ensure service of the

notice upon the complainant within 96 hours, after receipt of the

said notice.

For ready reference, the relevant portion of the order

dated 24.09.2021 is reproduced herein as under:-

"Dealing with the identical facts as of present case Hon'ble Allahabad High Court in Criminal Misc. Bail Application No.45784/2020 title as 'Ajeet

Chaudhary Vs. State of U.P.& Anr.' decided on 11.01.2021 held that:

"69. (II) The State Government shall ensure that service of notice of the bail application/ bail appeal is effected upon the victim not later than 96 hours after the receipt of the said notice.

(V) The report of the service of notice of bail application/bail appeal shall be submitted by the State authority before the court showing due compliance of the provisions of Section 15(3) of the Act."

(3 of 3) [CRLAS-79/2022]

In corroboration of the view taken by the Allahabad High

Court in above mentioned case, this Court is also of view that

there shall be a strict compliance of Section 15 of the Act by

providing a notice to complainant or to his dependent through

State Government is necessary, therefore, learned Public

Prosecutor is directed to ensure due service of notice upon

respondent (complainant) in this appeal positively on or before

the next date of hearing; failing which, the Station House Officer

(SHO) of the Police Station concerned shall remain present

before the Court with his explanation.

As requested by the learned counsel for the appellant, list

the matter next week.

(DEVENDRA KACHHAWAHA),J 124-Mohan/-

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