Citation : 2025 Latest Caselaw 4665 Raj
Judgement Date : 15 January, 2025
[2025:RJ-JD:2532]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8728/2024
Shrawan Kumar S/o Shri Parasmal, Aged About 29 Years,
Ramseen, Tehsil Pachpadra, Distt. Balotra (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Jasraj S/o Sh. Tarachand, Mungda, Tehsil Pachpadra,
Distt. Balotra (Raj.)
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate
with Mr. Jagdish Singh
For Respondent(s) : Mr. Vikram Rajpurohit, PP
Mr. Ravi Panwar
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/01/2025
1. In a subsequent development, after investigation charge-
sheet has been filed in the Court and cognizance of the offence
has been taken.
2. In this view of the matter, the misc. petition is disposed of
with liberty to the petitioner to seek for discharge on the grounds
which have been raised in this petition which would include
dichotomy, suicide note and statement of relatives.
3. Needles to say that the learned judge shall adher with the
provisions contained under BNS regarding question of charge and
shall consider the same as per the mandate of law. He shall also
take guidance from the landmark judgment of Hon'ble the
Supreme Court in the case of Union of India Vs. Prafulla
Kumar Samal and Ors., AIR 1979, SC 1168 and a reasoned
[2025:RJ-JD:2532] (2 of 2) [CRLMP-8728/2024]
speaking order shall be passed whether sufficient matter is there
on record or not to force the accused to fact the trial.
2. Accordingly, the instant petition as well as stay petition is
disposed of.
(FARJAND ALI),J 44-chhavi/-
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