Kaluram vs State Of Rajasthan ...
2023 Latest Caselaw 2943 Raj

[2023/RJJD/009638]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 213/2023

1. Kaluram S/o Amraram, Aged About 60 Years, B/c Jat, R/o Bodwa, P.s. Kuchera, Dist. Nagaur (Raj.).

2. Bhanwri Devi W/o Kaluram, Aged About 47 Years, B/c Jat, R/o Bodwa, P.s. Kuchera, Dist. Nagaur (Raj.).

3. Prabha @ Guddi D/o Kaluram, Aged About 23 Years, B/c Jat, R/o Bodwa, P.S. Kuchera, Dist. Nagaur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Ramniwas S/o Ghewarram, B/c Jat, R/o Village Khen, P.s.

Mundwa, Dist. Nagaur (Raj.).

----Respondents

For Petitioner(s) : Mr. Bharat Devasi For Respondent(s) : Mr. Gourav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/04/2023

The legality, correctness and propriety of the order dated

12.01.2023 passed by the learned Special Judge, POCSO Act

Cases, Naguar has been challenged herein in this revision petition.

By the order impugned, learned trial Court has taken cognizance

and issued process against the petitioners, after arraigning an

additional accused in the trial.

Considering the submissions that the quality of the evidence

produced in the trial is not so strong so as to persuade the Court

to book the petitioners as an additional accused as well as the

contentions that the evidence brought on record must be

something more than the evidence needed at the stage of Section

[2023/RJJD/009638] (2 of 2) [CRLR-213/2023]

190 of Cr.P.C. along with the submission that the order impugned

is not in accordance with the spirit of the judgment passed by

Hon'ble the Supreme Court in the case of Hardeep Singh Vs.

State of Punjab reported in AIR 2014 SC 1400, this Court

deems it appropriate to interfere in the matter.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

respondent-State.

Thus, issue notice to the respondent No.2 only, returnable

within a period of six weeks.

In the meanwhile, further proceedings in Sessions Case

No.94/2019 pending before the Court of learned Special Judge,

POCSO Act Cases, Naguar shall remain stayed.

(FARJAND ALI),J 19-Ashutosh/-

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