Rajasthan High Court - Jaipur
Tulsi Ram Sharma vs State Of Rajasthan And Ors on 6 July, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 240/2018
Tulsi Ram Sharma
----Petitioner
Versus
State Of Rajasthan And Ors
----Respondent
For Petitioner(s) : Mr. Sumit Rawat
For Respondent(s) : Mr. Prakash Thakuriya, PP for State
Mr. Yunus Khan, for respondents
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 06/07/2018 This court on 16.5.2018 had passed the following order:-
"The learned counsel for the petitioner has submitted that partial compromise cannot be accepted. He contended that a fraud was played upon this Court by not disclosing that petitioner is also named as accused in the impugned FIR.
Issue notice to the respondents.
Operation of the order dated 15.3.2018 passed by this Court in SBCRLMP No.1327/2018 is stayed.
A notice be also served upon Mr. GS Faujdar counsel for the respondent no.3 and Mr. SN Sharma counsel for the respondent no.2.
The learned Public Prosecutor is directed to inform the investigating officer to proceed with FIR No. 112/2013 registered at Police Station Kanota, Jaipur Rural for the offences under Sections 447, 427, 379, 420, 467, 468, 471 and 120B IPC against Hariom Sharma forthwith.
Investigating officer shall remain present in the court on 23.5.2018.
List this case on 23.5.2018.
A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance."
Shri Yunus Khan has caused appearance on behalf of respondents.
(2 of 2) [CRLMA-240/2018] Admittedly, in the present case compromise presented before the court was a partial compromise. Partial compromise cannot be accepted and hence, order dated 15.3.2018 passed in S.B. Criminal Misc. Petition No.1327/2018 is recalled and S.B. Criminal Misc. Petition No.1327/2018 is dismissed being devoid of merits. Liberty is granted to the petitioner to S.B. Criminal Misc. Petition No.1327/2018 to file a fresh petition for redressal of his grievance.
(KANWALJIT SINGH AHLUWALIA),J Govind/ Powered by TCPDF (www.tcpdf.org)