Nema Ram vs State Of Rajasthan
2022 Latest Caselaw 13883 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5957/2022

Nema Ram S/o Govind Ram, Aged About 47 Years, B/c Garg, R/o Village Denda, Tehsil And District Pali (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Raj Kumar S/o Sh. Nanak Ram, Aged About 54 Years, B/c Regar, R/o 418, Sarvoday Nagar, Pali, Tehsil And District Pali (Raj.)

----Respondents

For Petitioner(s) : Mr. Narpat Singh Arha For Respondent(s) : Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2022

By way of filing the instant misc. petition, a challenge has

been made to the order dated 03.03.2021 passed by learned

Sessions Judge, Pali in Criminal Revision Case No.09/2021

wherein while affirming the order dated 09.02.2021 passed by

learned Special Judicial Magistrate (N.I Act Cases) Court, Pali in

Criminal Original Case No.274/2016 (CIS No.942/2016), the

learned Judge rejected the application of the petitioner filed under

Section 311 Cr.P.C.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor.

By lapse of time, the trial has been culminated into judgment

of conviction, thus, the petitioner preferred an appeal under

Section 374 Cr.P.C. before the Session Court.

(2 of 2) [CRLMP-5957/2022]

In this view of the matter, nothing survives in this misc.

petition. However, at the request of the counsel for the petitioner,

liberty is granted to the petitioner to pursue his cause before the

Appellate Court by moving an application under Section 391

Cr.P.C. In the event such an application is moved, the learned

Appellate Court shall consider the same in accordance with

established principles of law.

No further order is required.

Hence, the misc. petition is disposed of. Stay petition is also

disposed of.

(FARJAND ALI),J 26-Anshul/-

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