Rajasthan High Court - Jodhpur
Chandra Prakash Vishnoi vs State Of Rajsthan on 16 December, 2020
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1996/2018
Chandra Prakash Vishnoi, S/o Late Hari Ram Vishnoi, By caste
Vishnoi, R/o Village Guda-Vishnoiyan, PS Kuri Bhagtasani,
Jodhpur (Rajasthan).
----Petitioner
Versus
State Of Rajsthan.
----Respondent
For Petitioner(s) : Mr. Vikram Singh Rathore through VC.
For Respondent(s) : Mr. B.R. Bishnoi, AGC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 16/12/2020 Heard. Perused the material available on record. Learned counsel Shri Rathore representing the petitioner submits that in the entire charge-sheet, there is no material whatsoever which can substantiate the conclusion of the I.O. that the petitioner charged money from the parents of the children who had been admitted in the school under the Right of Children to Free and Compulsory Education Act. He however prays that as there is no provision for hearing the accused at the stage of cognizance, the petitioner may be given liberty to raise all his objections before the trial court at the stage of framing of charge and in turn, the trial court may be directed to pass a reasoned order while dealing with the arguments advanced on behalf of the petitioner.
Learned Public Prosecutor does not object to the said submission.
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(2 of 2) [CRLMP-1996/2018] Thus, the petitioner is given liberty to raise all his objections before the trial court at the stage of framing of charge. The trial court shall be under an obligation to consider and deal with the arguments advanced on behalf of the petitioner while considering the issue of charge. Needless to say that in case, any adverse order is passed, the petitioner would be at liberty to challenge the same before the appropriate forum.
With the above observations, the misc. petition as well as stay application are disposed of as not pressed.
(SANDEEP MEHTA),J 35-Tikam/-
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