Kiran Singh vs State And Anr
2022 Latest Caselaw 13334 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 906/2015

Kiran Singh S/o Achal Singh By Caste Rajpurohit, R/o Dhola Chontra Pali.

----Petitioner Versus

1. State of Rajasthan

2. Smt. Lal Kanwar Widow of Madan Singh by caste Rajput; R/o 429, Durga Colony, Pali.

                                                                 ----Respondent


For Petitioner(s)        :     Mr. Tejmal Ranka
For Respondent(s)        :     Mr.S.K. Bhati, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

14/11/2022

This Criminal Misc. Petition has been preferred against the

order, dated 04.02.2015, passed by the Special Judge, SC/ST

(Prevention of Atrocities Act Cases), Pali, in Criminal Revision No.

88/2014 and against the order, dated 17.07.2012, passed by the

Addl. C.J.M. (Communal Riots), Pali taking cognizance under

Sectin 306 I.P.C. against the accused-petitioner and the co-

accused Ajit Singh @ Papsa in F.R. No. 37/2011 in Criminal Case

No. 283/2013, titled Smt. Lal Kanwar Vs. State & Anr.

Learned counsel for the petitioner submits that a Coordinate

Bench of this Court vide order dated 27.07.2022 passed in

S.B.Criminal Misc. (Pet.) No.812/2017 has allowed the

petition filed by the co-accused Ajit Singh @ Papsa and the order

impugned taking cognizance has been quashed and set aside and

the case of the present petitioner is at par to the co-accused Ajit

(2 of 3) [CRLMP-906/2015]

Singh. The relevant part of the judgment passed by the

Coordinate Bench dated 27.07.2022 is reproduced as under:-

15. This Court finds that; owing to the peculiar facts and

circumstances of the present case, absence of any nexus of

direct relationship, that the concerned police authorities

filed a negative final report upon completion of

investigation, the animosity that the respondent had for the

petitioner, owing to the fact that she was caught selling

kerosene on the black market by him, further fortified by

the fact that she had filed a false case against him, and the

letter written by the wife of the deceased attributing the

death of the deceased victim to the respondent-mother,

coupled with the testimony of other witnesses against her

and in favour of the petitioner, the impugned order taking

cognizance against the petitioner is not sustainable in the

eye of the law.

15.1 This Court, finds that the present case squarely falls

within the ambit of the guidelines as laid down by the

Hon'ble Apex Court in Bhajan Lal (supra).

16. This Court finds that prima facie no offence is made out

under Section 306 I.P.C. against the petitioner, since the

ingredients for the said offence are not made out.

17. This Court, in light of the above discussion, quashes and

sets aside the impugned order taking cognizance against

the petitioner, passed by the learned Court below.

18. Resultantly, the present petition succeeds, and is hereby

allowed. Accordingly, all pending applications, if any, are

disposed of.

(3 of 3) [CRLMP-906/2015]

The Coordinate Bench has dealt with all the legal and factual

aspects of the matter which does not require to be considered

again. The nature of allegation and participation/involvement of

the petitioner and the case of the co-accused Ajit Singh is not

distinguishable in any manner rather, the nature of allegation is

the same.

Thus, in view of the judgment delivered by the Coordinate

Bench dated 27.07.2022 passed in S.B.Criminal Misc. (Pet.)

No.812/2017 (Ajit Singh @ Papsa Vs. Smt. Lal Kanwar), the

Misc. Petition filed by petitioner Kiran Singh also deserves to be

allowed.

Accordingly, the Misc. Petition is allowed. The impugned

order dated 04.02.2015 passed by the Special Judge, SC/ST

(Prevention of Atrocities Act Cases), Pali, in Criminal Revision No.

88/2014 whereby the cognizance has been taken and all other

consequential proceedings arose out of FIR NO.152/2011 P.S.

Kotwali Pali are hereby quashed and set aside. The stay

application also stands disposed of.

(FARJAND ALI),J 86-Mamta/-

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