Citation : 2022 Latest Caselaw 12 Raj/2
Judgement Date : 3 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2517/2021
Bhanupratap Singh S/o Gajendra Singh Shekhawat
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Ms. Nidhi Sharma For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/01/2022
By way of filing the instant miscellaneous petition challenge
has been made to the lodging of FIR No. 268/2020 dated
21.11.2020 registered at Police Station Jyoti Nagar, Jaipur City
(South) on the ground that for the same set of accusation, truth
and substance, earlier an FIR No. 647/2020 dated 19.10.2020 was
registered at Police Station Hanumangarh Town, Hanumangarh,
Rajasthan.
Learned counsel for the petitioner submits that in view of the
judgments of Hon'ble Supreme Court in TT Antony Vs. State of
Kerala [(2001) 6 SCC 181] and thereafter, in case of Amitbhai
Anilchandra Shah vs CBI & Anr. [Writ Petition (Criminal)
No. 149/2012], the continuance of the FIR and investigation in
pursuant there under would be an abuse of process of law.
Heard.
The matter requires consideration.
Issue notice.
(2 of 2) [CRLMP-2517/2021]
Learned Public Prosecutor accepts notice on behalf of the
State. He is directed to call for the case diary in the matter.
Issue notice to the private respondent.
In the meanwhile, further proceedings in connection with FIR
No. 268/2020 registered at Police Station Jyoti Nagar, Jaipur City
(South) shall remain stayed.
List the matter after one week.
(FARJAND ALI),J
SAHIL/30
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