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Rajasthan High Court - Jodhpur

Bharmal vs State Of Rajasthan (2023:Rj-Jd:22219) on 17 July, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:22219]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 493/2019

Bharmal S/o Sh. Sugnaram, Aged About 60 Years, B/c Vishnoi ,
R/o Rotu , P.s. Jayal , Distt. Nagaur(Raj.)
                                                                 ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sundaram S/o Sh. Udaram, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
3.       Raju S/o Shankerlal, B/c Vishnoi , R/o Rotu , Tehsil Jayal ,
         Distt. Nagaur (Raj)
4.       Bhanwarlal S/o Dhunkalram, B/c Vishnoi , R/o Rotu ,
         Tehsil Jayal , Distt. Nagaur (Raj)
5.       Rakesh S/o Bhanwarlal, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
6.       Dhunkal Ram S/o Chhogaram, B/c Vishnoi , R/o Rotu ,
         Tehsil Jayal , Distt. Nagaur (Raj)
7.       Sajanram (Adopted) S/o Sh. Ramlal, B/c Vishnoi , R/o
         Rotu , Tehsil Jayal , Distt. Nagaur (Raj)
8.       Shivkaran S/o Chhogaram, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
9.       Shrawan Ram S/o Shivkaran, B/c Vishnoi , R/o Rotu ,
         Tehsil Jayal , Distt. Nagaur (Raj)
10.      Om Prakash S/o Shivkaran, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
11.      Gangavishan S/o Shankerlal, B/c Vishnoi , R/o Rotu ,
         Tehsil Jayal , Distt. Nagaur (Raj)
12.      Kalu S/o Sh. Gangavishan, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
13.      Hanumanram S/o Bharmal, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
14.      Rakesh S/o Bharmal, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)
15.      Ashok S/o Bharmal, B/c Vishnoi , R/o Rotu , Tehsil Jayal ,
         Distt. Nagaur (Raj)
16.      Ganga Devi W/o Bharmal, B/c Vishnoi , R/o Rotu , Tehsil
         Jayal , Distt. Nagaur (Raj)

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 [2023:RJ-JD:22219]                   (2 of 3)                       [CRLR-493/2019]


                                                                 ----Respondents


For Petitioner(s)          :    Mr. Praveen Vyas
For Respondent(s)          :    Mr. Mukhtiyar Khan, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order 17/07/2023

1. The instant Criminal Revision Petition under Section 397/401 Cr.P.C. has been filed against the order dated 12.09.2018 passed by the learned Additional Sessions Judge No.2, Naguar in Sessions Case No.231/2015 (26/2015) (42/2018) whereby the learned Judge has rejected the application filed by the petitioner under Section 193 of the Cr.P.C. for summoning the respondents No.2 to 16 for committing an offence under Sections 323, 341, 326, 307/34 of the IPC and Section 3/25 & 4/25 of the Arms Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the order impugned and other material available on record.

3. The order impugned passed by the learned trial Court with regard to the application under Section 193 Cr.P.C. was passed way back in the year 2018 and This Court has not ever passed any interim order, which is operational. It can be assumed that by the lapse of time, much water might have flown under the bridge and the trial must have proceeded to a large extent.

4. In this view of the matter, at this stage passing any order with regard to arraignment of additional accused, who have not been chargesheeted by the investigating agency, would not be justifiable. At the same time, it is felt appropriate that the (Downloaded on 12/11/2023 at 02:45:20 AM) [2023:RJ-JD:22219] (3 of 3) [CRLR-493/2019] complainant-victim should not be left remediless. Thus, if during trial the culpability of the respondents No.2 to 16 not charge- sheeted is observed as per the law enunciated by the Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab and Others, (2014) 3 SCC 92; the petitioner would be able to move an application under Section 319 Cr.P.C. Needless to say that in the above circumstance, the application as would be filed by the petitioner under Section 319 C.P.C. shall be decided by the learned trial Court in light of the settled legal preposition.

5. In view of the above discussion made herein above, the instant Criminal Revision Petition is disposed of. The stay petition and all pending applications, if any, also stand disposed of.

(FARJAND ALI),J 276-Mamta/-

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