Kanti Lal vs State Of Rajasthan (2024:Rj-Jd:9543)
2024 Latest Caselaw 1834 Raj

Rajasthan High Court - Jodhpur

Kanti Lal vs State Of Rajasthan (2024:Rj-Jd:9543) on 23 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:9543]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6103/2022

1.       Kanti Lal S/o Shri Nand Lal, Aged About 49 Years, R/o
         298 Laxmi Nagar Paota A Road Jodhpur Raj.
2.       Karan Kumar Gaur S/o Shri Kanti Lal, Aged About 22
         Years, R/o 298 Laxmi Nagar Paota A Road Jodhpur Raj.
3.       Smt. Prem Lata Gaur W/o Shri Kanti Lal, Aged About 48
         Years, R/o 298 Laxmi Nagar Paota A Road Jodhpur Raj.
                                                                      ----Petitioners
                                        Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent


For Petitioner(s)              :     Mr. CP Soni
For Respondent(s)              :     Mr. Gaurav Singh, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/02/2024

1. After arguing to some extent, learned counsel for the

petitioners seeks withdrawal of the instant criminal misc. petition.

2. Accordingly, the instant criminal misc. petition is disposed of.

3. Stay petition also stands disposed of.

4. In the peculiar circumstances of the case, it is felt

appropriate to direct that simply producing any document and

keeping the same on record would not tantamount to treat the

same as a piece of evidence since until the same are not tendered

into evidence in accordance with the procedure established by law,

no observation can be made whether the fact regarding the

document are proved or not proved.

[2024:RJ-JD:9543] (2 of 2) [CRLMP-6103/2022]

5. In this view of the matter, the petitioners are given a liberty

to raise the objections before the trial Court as and when, at

subsequent stage, an endeavor may be made by the prosecution

to tender the documents, particulars of which are mentioned in

the order dated 17.08.2022 passed by learned Additional District

& Sessions Judge No.7, Jodhpur Metro, Jodhpur; are tendered into

evidence, the legality and admissibility of the same shall be

decided by the learned trial Court in accordance with law and only

whereafter, the same shall be allowed to be marked as exhibits

after deciding the objections.

6. It is further made clear that the want of Sections 65 and 65

B of the Indian Evidence Act shall also be considered in light of the

Judgment passed by Hon'ble the Supreme Court in the case of

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

reported in AIR 2020 SC 4908.

(FARJAND ALI),J 308-divya/-

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