Rajasthan High Court - Jodhpur
Suresh vs State & Anr on 27 April, 2013
Author: Sandeep Mehta
Bench: Sandeep Mehta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CRIMINAL MISC. PETITION NO.2895/2012 Suresh Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Bhanwar Singh, for the petitioner. Ms. Chandralekha, P.P. Mr. Vineet Jain, for the respondent No.2.
<><><> The instant misc. petition has been filed by the petitioner seeking quashing of the FIR No.68/2011 registered at the Police Station Rajaldesar, District Churu for the offences under Sections 143, 447 and 427 I.P.C.
Having heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant after perusing the FIR impugned, this Court is of the opinion that the contentions which the learned counsel for the petitioner has advanced before this Court are based on disputed questions of fact.
Learned counsel for the complainant respondent No.2 has pointed out to this Court that in the FIR No.69/2011 filed on behalf of the complainant, the Police has already filed a Final Report.
In this view of the matter, this Court is of the opinion that it is not a fit case for exercising inherent powers of the Court for quashing the FIR impugned.
However, the petitioner is at liberty to file an appropriate representation to the Investigating Officer and the Investigating Officer shall consider the same in accordance with law before filing result of investigation.
Accordingly, the misc. petition is rejected. Stay petition is also disposed of.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.2587/2012 Smt.Manju Lata Acharya & Ors.
Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. M.S.Purohit, for the petitioners. Ms. Chandralekha, P.P. <><><> Learned counsel for the petitioners submits that the matter has been compromised between the parties and thus, the instant misc. petition has been rendered infructuous.
Accordingly, the misc. petition is dismissed as infructuous. Stay petition is also dismissed.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1021/2012 Madav Lal Jat & Ors. Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. G.S.Rathore, for the petitioner. Ms. Chandralekha, P.P. <><><> The instant misc. petition has been filed by the petitioners seeking quashing of the FIR No.58/2012 registered at the Police Station Gangapur, Bhilwara for the offences under Sections, 143, 452, 435, 323, 427 and 504 of I.P.C. and Sections 3(1)(x) and 3(5) of the SC/ST Act.
Learned Public Prosecutor has today submitted a factual report of the Investigating Officer as per which, the Police after investigation has filed a charge-sheet against the petitioners. In this view of the matter, the instant misc. petition has been rendered infructuous.
Accordingly, the misc. petition is dismissed as infructuous. Stay petition is also dismissed.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.719/2012 Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA None present for the petitioner.
Ms. Chandralekha, P.P. <><><> Learned Public Prosecutor has submitted a factual report of the Investigating Officer.
List on 14.5.2013.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.283/2012 Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. O.P.Kumawat, for the petitioner. Ms. Rajlaxmi, P.P. <><><> The matter had been sent to the Mediation Centre and a report has been received from the Mediator that the parties have arrived at a compromise and a mutual compromise application has also been filed, which is taken on record.
List on 3.5.2013 after showing the name of Shri Chain Singh Rajpurohit as learned counsel for the respondent No.2.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.874/2012 Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. M.K.Garg, for the petitioner. Ms. Rajlaxmi, P.P. Mr. Hemant Jain, for the respondent No.2.
<><><> Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant respondent No.2.
Having regard to the facts and circumstances of the case, it is directed that the petitioners shall appear before the Investigating Officer on or before 20.5.2013. The Investigating Officer shall conduct thorough investigation from the petitioners and thereafter shall forward his factual report to this Court on the next date of hearing.
List on 6.5.2013.
The ad interim stay order dated 5.4.2012 is modified. Now the investigation shall continue but the petitioners shall not be arrested in connection with FIR No.45/2012 Police Station Srikaranpur, District Sriganganagar.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.2834/2012 Mahesh Devpura Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. R.K.Charan, for the petitioner. Ms. Rajlaxmi, P.P. Mr. Vishal Sharma, for the respondent No.2.
<><><> The instant misc. petition has been filed by the petitioner challenging the order dated 11.10.2012 passed by the learned Judicial Magistrate 1st Class, Deedwana, whereby the petitioner has been declared an absconder and the order dated 4.7.2012, whereby the petitioner's application for cancelling the warrant of arrest has been rejected.
After hearing the rival contentions advanced by the learned counsel for the parties and after going through the orders impugned and in order to secure the ends of justice, the warrant of arrest issued against the petitioner is hereby converted into bailable warrant subject to the petitioner depositing a cost of Rs.5000/- in the trial Court. Upon the cost being deposited, the same shall be disbursed to the complainant, who is prosecuting his complaint for the last nearly 8 years. The petitioner should appear before the trial Court within a period of four weeks from today and furnish the bail bonds in terms of the bailable warrant failing which the order issuing warrant of arrest shall stand restored.
The misc. petition is accordingly allowed. The trial court shall try and expedite and trial of the case. The proceedings of the trial court shall not be delayed on count of any dilatory tactics adopted by any of the parties.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1180/2012 Nizamuddin & Ors. Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. M.K.Garg, for the petitioners. Ms. Chandralekha, P.P. <><><> The instant misc. petition has been filed by the petitioners seeking quashing of the FIR No.45/2012 registered at the Police Station Amba Mata, Udaipur for the offences under Sections 420, 467, 467, 468, 471, 352, 504 and 120B I.P.C.
After hearing the arguments and after going through the case diary, it is apparent that ex-facie the FIR impugned discloses cognizance offences against the petitioners. The Police too after investigation has concluded that the offences under Sections 420, 467, 468, 471, 341, 323, 352, 504 and 120B I.P.C. are made out against the accused. In this view of the matter, this Court is of the opinion that it is not such a case, wherein the powers under Section 482 Cr.P.C. deserve to be exercised for interfering in the FIR impugned.
Accordingly, the misc. petition being bereft of any force is rejected. Stay petition is also rejected.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1339/2012 Chhotu Ram & Ors. Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. D.S.Thind, for the petitioners. Ms. Rajlaxmi, P.P. <><><> The instant misc. petition has been filed by the petitioners assailing the order dated 3.1.2012 passed by the learned Judicial Magistrate 1st Class, Vijaynagar, District Sriganganagar directing taking of cognizance against the petitioners for the offences under Sections 365, 323, 342 and 427 I.P.C. and Section 3 of the SC/ST Act the order dated 30.4.2012 passed by learned Special Judge, SC/ST Act Cases, Sriganganagar in revision affirming the said order.
After hearing the arguments advanced at the bar and after going through the orders impugned and record, it is apparent that the complainant filed the private complaint in this case on 2.11.2011. The incident is said to have taken place on 30.10.2011. No information was given to the Police regarding the alleged offending acts. The injuries, which have been found on the person of the complainant are simple in nature. Thus, this Court is of the opinion that direction to summon the accused through warrant of arrest in this case appears to be too harsh.
Accordingly, the misc. petition succeeds in part. Whilst upholding the order dated 3.1.2012 passed by the learned Judicial Magistrate 1st Class, Vijaynagar taking cognizance and the order dated 30.4.2012 passed by the learned revisional court, it is herey directed that now the accused should be summoned through bailable warrants in the sum of Rs.50,000/- each instead of the warrant of arrest as directed by the learned trial Court. The petitioners are at liberty to raise all their objections before the trial Court at the stage of framing of charges and the trial Court shall consider and decide the objections/arguments on the question of charge by a reasoned order.
Stay petition is also disposed of. Record be sent back forthwith.
(SANDEEP MEHTA), J.
/tarun/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER (1) S.B.CRIMINAL MISC. PETITION NO.1751/2012 Hukmi Chand Vs. State of Rajasthan & Anr. (2) S.B.CRIMINAL MISC. PETITION NO.1752/2012 Hukmi Chand Vs. State of Rajasthan & Anr.
Date of order : 27.4.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. Farzand Ali, for the petitioner. Ms. Chandralekha, P.P. <><><> The instant misc. petitions have been filed by the petitioner assailing the order dated 12.8.2005 passed by learned ACJM No.2, Chittorgarh, whereby the learned Magistrate awarded the interim maintenance to the respondent No.2 wife of the petitioner to the tune of Rs.3000/- per month under Section 125 Cr.P.C.
Succinctly stated the facts of the case are that the respondent No.2 Smt.Geeta being the petitioner's wife filed an application before the learned ACJM No.2, Chittorgarh under Section 125 Cr.P.C. being application No.318/2003. The learned Magistrate by the order dated 12.8.2005 granted interim maintenance to the respondent No.2 @ Rs.3000/- per month from the date of filing of the application i.e. 11.8.2003. The said order was assailed by the petitioner by filing S.B.Cr.Misc.Petition No.1167/2005 before this Court. This Court by order dated 26.10.2005 ordered as below:
"Meanwhie, operation of order dated 12.8.2005 passed by Additional Chief Judicial Magistrate No.2, Chittorgarh shall remain stayed subject to the condition that the petitioner will continue to pay maintenance in the sum of Rs.1000/- per month to the non-petitioner from today till the disposal of the instant petition."
It appears that during the pendency of the proceedings, Smt.Geeta stopped appearing before the trial Court on which, the main proceedings under Section 125 of the Cr.P.C. were dismissed for lack of prosecution on 29.10.2007. As the main proceedings terminated in favour of the petitioner by dismissal, the learned counsel for the petitioner made a statement before this Court on 26.3.2009 that the misc.petition No.1167/2005 had been rendered infructuous and accordingly, the same was dismissed as infructuous.
In the meantime, the respondent No.2 Smt.Geeta moved an application before the trial Court on 28.2.2011 for restoration of the proceedings. The trial Court by order dated 22.3.2012 restored the proceedings and the matter is under consideration before the trial Court. The petitioner has now approached this Court assailing the order dated 22.3.2012 whereby the learned trial Court directed the restoration of the proceedings under Section 125 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner be given liberty to contest the main proceedings under Section 125 Cr.P.C. before the trial Court but prays for a liberty that the quantum of interim maintenance, which has been awarded to the respondent should be reduced. In the alternative, he prays that during the period when this Court had passed the stay in favour of the petitioner i.e. from 26.10.2005 till the application of the respondent was restored, the petitioner be permitted to pay interim maintenance to the respondent @ Rs.1000/- per month. Learned counsel submits that it is due to the conduct of the respondent Geeta that the proceedings terminated in default. The respondent was responsible for the same and thus, the petitioner should not be made to suffer for her negligence.
Notice of the misc. petition was issued to the respondent but nobody has put in appearance on her behalf despite service.
In view of the peculiar facts and circumstances, the misc.petition is disposed of and whilst permitting the proceedings under Section 125 Cr.P.C. to be continued, it is hereby directed that the petitioner shall pay interim maintenance to the respondent @ Rs.1000/- per month from 26.10.2005 i.e. the date of interim order passed by this Court in Misc. Petition No.1167/2005 till 22.3.2012 i.e. when the proceedings were restored by the learned Magistrate. The learned Magistrate shall ensure that the arrears of the maintenance as well as the current amount is recovered forthwith and disbursed to the respondent.
(SANDEEP MEHTA), J.
/tarun/