Sukhraj vs State Of Rajasthan
2022 Latest Caselaw 13520 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3914/2021

1. Sukhraj S/o Sh. Satnam Singh, Aged About 30 Years, Ward No. 4, 4 Ftp, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

2. Gurdeep Singh S/o Sh. Fakir Singh, Aged About 38 Years, Ward No. 4, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

3. Satnam Singh S/o Fakir Singh, Aged About 38 Years, Ward No. 4, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

4. Karamjeet Singh S/o Sh. Kalu Ram, Aged About 18 Years, Ward No. 11, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

5. Deshraj S/o Sh. Meva Ram, Aged About 22 Years, Ward No. 11, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

6. Manga Singh S/o Sh. Meva Singh, Aged About 25 Years, Ward No. 11, Basheer, Tibbi, Dist. Hanumangarh (Raj.).

7. Namdev Singh S/o Sh. Bhup Singh, Aged About 21 Years, Ward No. 10, Kharakera, Dist. Hanumangarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Balvinder Singh S/o Sh. Namdev, R/o Ward No. 09, Basheer, Tibbi, District Hanumangarh (Raj.).

----Respondents Connected With S.B. Criminal Misc(Pet.) No. 3210/2021

1. Kalu Ram @ Kala Singh S/o Jeewan Singh, Aged About 50 Years, Basheer, Tibbi, Dis. Hanumangarh

2. Mukhtyar Kaur W/o Kalu Ram @ Kala Singh, Aged About 46 Years, Basheer, Tibbi, Dis. Hanumangarh

3. Balveer Kaur W/o Fakir Singh, Aged About 60 Years, Basheer, Tibbi, Dis. Hanumangarh

4. Bhanwar Singh S/o Jeewan Singh, Aged About 45 Years, Basheer, Tibbi, Dis. Hanumangarh

5. Gurudev Singh S/o Fakir Singh, Aged About 40 Years, Basheer, Tibbi, Dis. Hanumangarh

----Petitioners

(2 of 3) [CRLMP-3914/2021]

Versus

1. State Of Rajasthan, Through Pp

2. Balvinder Singh S/o Namdev, Ward No. 09,basheer, Tibbi, Dis. Hanumangarh

----Respondents

For Petitioner(s) : Mr. Deepak Bansal For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/11/2022

The instant miscellaneous criminal petition has been filed for

quashing of FIR No.173/2021, registered at Police Station Tibbi,

District Hanumangarh for offences under Sections 341, 323, 365,

342, 382 and 143 of IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor

After going through the entire material on record and gone

through the submission made by learned counsel for the parties,

though I am not inclined to quash the FIR yet considering the

totality of the facts and circumstances and the fact that offences

are triable by Magistrate for which the provision contained in

Section 41 of the Cr.P.C. as well the judgment passed in the case

Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756

squarely applies in this case, thus it is ordered that in the event of

filing of the charge-sheet, petitioners shall be instructed to appear

before the trial Court. Upon submission of charge-sheet, the

petitioners shall move a regular bail application before the trial

(3 of 3) [CRLMP-3914/2021]

Court, the petitioners shall be released on bail on the amount of

sureties and bonds to the satisfaction of the learned Magistrate.

The instant miscellaneous petitions under Section 482 Cr.P.C.

are disposed of.

Stay petitions also stands disposed of.

(FARJAND ALI),J 232-233/amit/-

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