Iqbal vs Shivdan Singh on 19 February, 2020

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Rajasthan High Court - Jodhpur

Iqbal vs Shivdan Singh on 19 February, 2020

Bench: Sandeep Mehta

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                   S.B. Criminal Misc(Pet.) No. 96/2020

Iqbal S/o Shri Mohammed Afjal, Aged About 54 Years, By Caste
Kureshi, R/o Sadar Bajar, Behind Masjid, Mount Abu, District
Sirohi (Rajasthan).
                                                                          ----Petitioner
                                      Versus
Shivdan Singh S/o Late Shri Brijraj Singh, By Caste Rajput,
Through His Legal Hairs Ajaya Singh Kushwah S/o Late Shri
Shivdan Singh, By Caste Rajput, R/o House No. 41, Muran
House, New Delwara, Mount Abu, District Sirohi (Rajasthan).
                                                                      ----Respondent


For Petitioner(s)           :     Mr. Shambhoo Singh.



             HON'BLE MR. JUSTICE SANDEEP MEHTA

Order 19/02/2020 Heard learned counsel for the petitioner. Perused the material available on record.

The instant misc. petiton has been preferred by the petitioner accused for assailing the order dated 18.06.2019 passed by the learned Additional Chief Judicial Magistrate, Mount Abu, District Sirohi in Criminal Regular Case No.962/2013 whereby, the application preferred by the petitioner under Sections 200 and 256 Cr.P.C. was dismissed.

The application was filed for assailing the proceedings of the trial court whereby, the legal representative of the original complainant Shivdan Singh was ordered to be taken on record. Admittedly, the order for taking on record the legal representative was passed way back on 29.06.2015 and was never challenged. (Downloaded on 20/02/2020 at 08:55:18 PM)

(2 of 2) [CRLMP-96/2020] In this background and, keeping in view the law as laid down by Hon'ble the Supreme Court in the case of Chand Devi Daga Versus Manju K. Humatani, reported in AIR 2017 SC 5126, I am of the opinion that the impugned order dated 18.06.2019 does not suffer from any infirmity or irregularity whatsoever. Otherwise also, the said order has been affirmed by the revisional court by a well reasoned order dated 29.11.2019.

Thus, I find no merit in this misc. petition as well as stay application which are rejected as such.

(SANDEEP MEHTA),J 46-Tikam/-

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Rajasthan High Court - Jodhpur