Nanalal vs State Of Rajasthan (2025:Rj-Jd:651)
2025 Latest Caselaw 3789 Raj

Rajasthan High Court - Jodhpur

Nanalal vs State Of Rajasthan (2025:Rj-Jd:651) on 6 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:651]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 5640/2024

1.       Nanalal S/o Shri Sohan Lal, Aged About 40 Years,
         Relmagra, Distt. Rajsamand (Raj.)
2.       Sohan Lal S/o Shri Pannalal, Aged About 60 Years,
         Relmagra, Distt. Rajsamand (Raj.)
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Kamla W/o Shri Nana Lal, Ward No. 2, Purbiya Mohalla,
         Kapasan, Distt. Chittorgarh (Raj.)
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Pawan Singh Rathore
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.



                   HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2025

1. Heard.

2. The petitioner was charge-sheeted for committing offence

under Sections 498A & 406 of IPC and the learned Magistrate

framed charges against him. There are allegations that the victim

was subjected to cruelty at the hands of petitioner. The charge-

sheet reveals commission of offence under Section 498A & 406 of

IPC. The petitioner has sought quashing of the entire judicial

proceeding on the ground that at one point of time she was

examined in a missing person report, where she narrated a

different story then what has been made in this case. In my view,

it can be a defence of the accused but the same may not be taken

into account at the time of hearing on the point of charge and

[2025:RJ-JD:651] (2 of 2) [CRLMP-5640/2024]

reliance in this regard may be placed on the judgment passed by

Hon'ble the Supreme Court in the case of State of Orissa vs.

Debendra Nath Padhi [(2005) 1 SCC 568] . There is no force in

the petition and the same deserves to be dismissed.

3. Accordingly, the instant misc. petition as well as stay petition

stands dismissed.

(FARJAND ALI),J 237-Samvedana/-

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