Naresh Kumar Variyani S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 475 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1905/2019

Naresh Kumar Variyani S/o Shri Chandra Prakash Variyana, R/o
Saloni Fairans, 104/5, Near S.b.i. Bank, Madhyam Marg, Vijay
Path, Mansarovar, Jaipur, Also R/o First Floor, Plot No.6, Radha
Nikunj C Muhana Road, Mansarovar Road, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Pp.
2.     Smt. Neeta Motwani W/o Shri Mohan Motwani, R/o A-484,
       Panchsheel Nagar, Ajmer.
                                                                ----Respondents

For Petitioner(s) : Mr. Harendra Singh, through Vc. For Respondent(s) : Mr. N.S. Gurjar, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/01/2022

By way of instant criminal misc. petition, challenge has been

made to the order dated 28.02.2019 passed by the learned

Special Judicial Magistrate (NI Act Cases) No.2, Ajmer in criminal

case No. 2060/2017 whereby the application filed by the petitioner

under Section 91 of Cr.P.C. and 45 of Indian Evidence Act has

been decided and the prayer to the extent of application under

Section 91 of Cr.P.C. has been allowed however, the prayer in

respect of application under Section 45 of Indian Evidence Act has

been rejected.

At the outset, learned counsel for the petitioner submits that

after passing the order impugned, the trial has been culminated

and accused has been convicted. An appeal has been preferred

(2 of 2) [CRLMP-1905/2019]

against the judgment of the trial Court which is pending before the

Appellate Court. Learned counsel for the petitioner seeks

withdrawal of the instant criminal misc. petition with the liberty to

raise all his questions/objections/grounds which have been raised

herein this petition before the learned Appellate Court.

The prayer made by the counsel for the petitioner appears to

be genuine.

Accordingly, the criminal misc. petition is disposed of and it

is directed that the petitioner would be at liberty to raise his

ground/objections before the Appellate Court.

(FARJAND ALI),J

PREETI VALECHA /23

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