Rajasthan High Court
Girdhari Soni Son Of Shri Gopal Ram Soni vs State Of Rajasthan (2024:Rj-Jp:43076) on 9 October, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:43076]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6726/2024
Girdhari Soni Son Of Shri Gopal Ram Soni, Resident Of Plot No.
227-A, Ganesh Nagar Vistar, Behind Kardhani Police Station,
Jaipur (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Pawan Soni Son Of Shri Nand Kishor Soni, Resident Of
Goshala Bas, Nai Basti, Ward No. 40, Sardar Sahar,
Churu, District Churu (Raj).
----Respondents
For Petitioner(s) : Mr. Girdhari Soni, present in person
For Respondent(s) : Mr. Rishiraj Singh Rathore, PP with
Mr. M. S. Shekhawat, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
09/10/2024
1. The present petition is filed under section 528 of BNSS
assailing the order dated 29.08.2024 passed by Additional Civil
Judge and Additional Chief Judicial Magistrate No. 3, Jaipur
Metropolitan II, Rajasthan, in Criminal case no. 58/2024, whereby
the application moved by the accused-petitioner under section 340
of Cr.P.C. read with section 195 of Cr.P.C. was dismissed.
2. Accused-petitioner has submitted that the complainant-
respondent no.2 lodged an FIR bearing no. 189/2011 against the
petitioner at Police station Manak Chowk, Jaipur City (North) for
offences under sections 420 IPC for an incident dated 24.05.2011.
It is further submitted that after filing of challan and before
[2024:RJ-JP:43076] (2 of 3) [CRLMP-6726/2024]
framing of charges on 05.07.2012 the accused-petitioner moved
an application under section 340 of Cr.P.C. read with section 195
of Cr.P.C. before the learned Trial Court.
3. Further, it is submitted that since the accused-petitioner had
filed the said application at an initial stage, he got the disputed
documents examined by a private FSL examiner. Albeit the said
results being in favor of the accused-petitioner, the impugned
order dated 29.08.2024 was passed. Therefore, it can be inferred
that the impugned order is passed in a cursory manner without
taking due note of the relevant records placed before the learned
Trial Court.
4. Per contra, learned Public Prosecutor has stoutly opposed the
instant petition and has placed reliance upon the contents of the
order dated 29.08.2024. It is further submitted that the said order
is passed after considering the vital aspects of the instant dispute
and in due accordance of law.
5. Heard and considered.
6. Considering the aforementioned facts and circumstances of
the instant matter and upon a perusal of the impugned order
dated 29.08.2024 (Annexure-6) this Court is of the view that the
said order is passed after considering the material evidences
placed before it, strictly in accordance with law. Upon a bare
perusal of the said order it is noted that there were certain
disputed facts being stated by the accused-petitioner, for instance,
the observation made in the impugned order categorically states
that in the FIR, it is noted that the accused-petitioner fled away
with the ornaments in question however, Shri Girdhari Lal stated
[2024:RJ-JP:43076] (3 of 3) [CRLMP-6726/2024]
that on 27.05.2011 he had received ornaments worth Rs.
30,00,000/- in Delhi. Moreover, qua the said averment no bill or
substantial documents were placed before the Court. Moreover,
the said Private Examiner (Shri Rajat Dubey) had contradicted his
report, during the examination before the learned Court.
7. Withal, the examination conducted by the Private Examiner
was done in a cursory manner without having adequate tools and
equipment.
8. Therefore, it can be deduced that the order dated
29.08.2024 is passed after considering the material witnesses,
evidences and the vital aspects of the matter subjudice before the
learned Trial Court. Moreover, the said order has a categorical
observation qua the issues of fact and law hence, is sans any
arbitrariness or illegality.
9. Accordingly, the instant petition being devoid of any merit is
dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
Pooja /60
Powered by TCPDF (www.tcpdf.org)
