Satyapal vs State And Anr. (2025:Rj-Jd:1836)
2025 Latest Caselaw 4098 Raj

Rajasthan High Court - Jodhpur

Satyapal vs State And Anr. (2025:Rj-Jd:1836) on 10 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:1836]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2839/2016

Satyapal Middha S/o Late Shri Kundanlal Middha, at present
working as Deputy Commandant, Eight Battalion, New Delhi-96
                                                                   ----Petitioner
                                    Versus
1. The State of Rajasthan
2. Ratan Lal S/o Shri Ramlal, resident of near Basanti Chowck,
Satiya Farm, Srigangangar.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Manish Shishodia, Sr. Adv.
                                assisted by Mr. Himmat Jagga
For Respondent(s)         :     Mr. Shriram Choudhary, Addl. GA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

10/01/2025

1. Learned counsel seeks withdrawal of the petition but at the

same time implores for protection of with statutory rights available

to him under Section 197 of the Cr.P.C. which protext him from

vexatious judicial proceedings.

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

3. Stay petition also stands disposed of.

4. The protection available to the accused under Section 197 of

the Cr.P.C. shall remain open to him to be agitated before the

learned trial Court at appropriate stage.

5. Needless to say in the event the statutory objection is raised

at appropriate stage, the learned trial court shall adhering with the

provision contained under Section 197 of the Cr.P.C. shall also take

guidance from the judgment passed by Hon'ble the Supreme

[2025:RJ-JD:1836] (2 of 2) [CRLMP-2839/2016]

Court in the case of K.K. Patel And Anr vs State Of Gujarat

And Anr (AIR 2000 SUPREME COURT 3346) and Surinderjit

Singh Mand & Anr vs State Of Punjab & Anr

(AIR 2016 SUPREME COURT 3251).

6. This determination of whether the protection of Section 197

of the Cr.P.C. is applicable shall be made at the time of the final

judgment, but before addressing the question of whether the

accused is guilty or not guilty.

(FARJAND ALI),J 6-Hanuman/-

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