Mithilesh vs State Of Rajasthan
2022 Latest Caselaw 11976 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6224/2022

Mithilesh S/o Shri Mukesh, Aged About 21 Years, R/o Kalali Mohalla, Chhoti Sadari, Tehsil Choti Sadari, District Pratapgarh (Rajasthan)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. S. K. Bhati, P. P.

JUSTICE DINESH MEHTA Order

28/09/2022

1. In support of his contention that the statements of the

injured recorded under Section 161 of the Code of Criminal

Procedure, in the event of his death are to be treated as dying

declaration as per Section 162(2) of the Code read with Section 32

of the Indian Evidence Act, learned counsel for the petitioner relies

upon the judgment of Hon'ble the Supreme Court in the case of

Pradeep Bisoi @ Ranjit Bisoi Vs. State of Odisha reported in

(2019) 11 SCC 500.

2. Issue notice. Issue notice of stay application also, returnable

within six weeks.

3. Meanwhile, further proceedings in Sessions Case No.95/2017

(State Vs. Manohar Lal & Ors) pending before learned Sessions

Judge, Pratapgarh shall remain stayed.

(DINESH MEHTA),J 193-A.Arora/-

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