Citation : 2025 Latest Caselaw 5558 Raj
Judgement Date : 28 January, 2025
[2025:RJ-JD:5456]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1969/2023
Rameshwar Singh Bhati S/o Late Shri Mohan Singh Bhati, Aged
About 70 Years, B/c Rajput, R/o 253 Bhati Sadan, Bagar Chowk,
Jodhpur.
----Appellant
Versus
1. Chand Shah S/o Shri Akbar Shah, B/c Musalman R/o
Petrol Pump Ke Samne Wali Gali Dhapi Marbel Ke Pichhe
Ramjan Ji Ka Hatha Banar Road Jodhpur
2. State Of Rajasthan, Through Pp
----Respondents
For Appellant(s) : Mr. OP Kumawat
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. OP Choudhary
Mr. Rajpal Singh Rathore
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/01/2025
A limited prayer has been made by the learned counsel for
the appellant to dispose of the present criminal appeal in the light
of the judgment passed by this Court in the case of Vikram
Manshani Vs. Praveen Sharma (Crl. Leave To Appeal
No.384/2024) decided on 06.08.2024 whereby this Court disposed
of the criminal leave to appeal with liberty to the appellant to
prefer an appeal against acquittal before the concerned Sessions
Judge under the provisions of Section 413 of B.N.S.S.
In view of the limited prayer made, the present appeal is
hereby disposed of with liberty to the appellant to prefer an appeal
before the concerned Session Judge within a period of 15 days
[2025:RJ-JD:5456] (2 of 2) [CRLAS-1969/2023]
from the date of this order. The appellate Court while considering
the period of limitation, shall consider that the appellant was
bona-fidely prosecuting the same matter before wrong forum
(herein) from 02.08.2023 till today.
Record of the trial Court be sent back forthwith.
(MANOJ KUMAR GARG),J 156-Rashi/-
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