Rajesh Kumar Meel vs State Of Rajasthan
2023 Latest Caselaw 2973 Raj

[2023/RJJD/009628]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 307/2023

Rajesh Kumar Meel S/o Shri Raju Ram, Aged About 46 Years, R/ o Meelon Ka Bas Post Badwasi Tehsil Nawalgarh Dist. Jhunjhunu Presently Posted As Assistant Commercial Texation Officer Ward No. 04 Dist. Churu Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shri Subhash Kumar S/o Shri Man Singh, R/o Jalingpura Tehsil Malsisar Dist. Jhunjhunu Raj.

----Respondents

For Petitioner(s) : Mr. Naman Mohnot For Respondent(s) : Mr. Mohd. Javed Gauri, PP Mr. S.K. Poonia for R.2

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/04/2023

An application under Section 5 of the Limitation Act has been

filed by learned counsel for the petitioner for condoning the delay

of 203 days in filing Criminal Revision Petition.

For the reasons mentioned in the application, the same is

allowed, the delay of 203 days in filing Criminal Revision petition is

hereby condoned.

Learned counsel Shri Naman Mohnot, representing the

petitioner vehemently and fervently urged that the very initiation

of proceedings against the petitioner smells foul as the

complainant is none other than his brother-in-law with whom he

was having personal grudges. The plea raised by the counsel that

the place where the incident took place does not come within the

[2023/RJJD/009628] (2 of 2) [CRLR-307/2023]

territorial jurisdiction of this court and with an oblique motive the

report came to be lodged at a distance of 250 kilometers from the

place of incident. Thus, the proceeding has not been launched in

accordance with the provision contained under Section 177 of

Cr.P.C.

Reliance has been placed upon the judgment passed by

Hon'ble the Supreme Court in Y. Abraham Ajith & Ors. Vs.

Inspector of Police, Chennai & Anr. reported in AIR 2004 SC

4286.

The matter requires consideration.

Admit.

Issue notice.

Learned Public Prosecutor appears on behalf of respondent

No.1 - State. Mr. S.K. Poonia appears for respondent No.2. Thus,

service is complete. He seeks time to file reply.

In the meanwhile, further proceedings in Sessions Case

No.16/2017 pending before the Court of Special Judge in the

Corruption Act Cases, Bikaner shall remain stayed.

List the matter after two weeks.

(FARJAND ALI),J

102-AnilKC/-

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