Ramesh Kumar Khatri vs State Of Rajasthan
2022 Latest Caselaw 9890 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4625/2022

Ramesh Kumar Khatri S/o Teumal, Aged About 60 Years, B/c Sindhi, R/o Naya Baas Colony, Sujangarh, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dulichand S/o Aashuram, Aged About 50 Years, B/c Parjapat, R/o Naya Baas Colony, Sujangarh, District Churu.

----Respondents

For Petitioner(s) : Mr. I. R. Choudhary For Respondent(s) : Mr. S. K. Bhati, P. P.

JUSTICE DINESH MEHTA

Order

27/07/2022

1. By way of the instant petition, the petitioner has challenged

the order dated 27.04.2022 passed by learned Additional Sessions

Judge, Sujangarh, District Churu (hereinafter referred to as the

'Appellate Court') vide which the respondent - accused has been

discharged for the offence under Section 497 of Indian Penal Code

in light of certain judgments.

2. Learned counsel for the petitioner argued that the learned

Appellate Court has erred in discharging the respondent No.2 for

the offence under Section 497 of IPC without deciding the appeal.

3. He argued that the trial Court could have discharged the

respondent No.2 while deciding the appeal, but the same cannot

be done in piecemeal.

(2 of 2) [CRLMP-4625/2022]

4. It is to be noted that provisions of Section 497 of the Indian

Penal Code have been struck down by Hon'ble the Supreme Court

in the case of Joseph Shine Vs. Union of India reported in

(2019) 3 SCC 39. Hence, this Court does not find any error in

the order impugned.

5. Be that as it may.

6. After arguing for some time, learned counsel for the

petitioner seeks permission to withdraw the present petition with

liberty to challenge the order dated 27.04.2022 in any

proceedings which the petitioner is required to take up against the

final order of the Appellate Court.

7. Permission granted.

8. While giving aforesaid liberty to the petitioner to challenge

the order dated 27.04.2022 against final judgment, the petition is

dismissed as withdrawn.

9. Stay application too stands dismissed accordingly.

(DINESH MEHTA),J 223-A.Arora/-

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