Divan Singh And Ors vs State Of Raj And Anr on 29 May, 2019

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Rajasthan High Court - Jaipur

Divan Singh And Ors vs State Of Raj And Anr on 29 May, 2019

Bench: Pankaj Bhandari

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 3317/2018

1.       Divan Singh S/o Late Gajender Singh, R/o Village
         Dharsooni, Tehsil Weir, District Bharatpur, Presently R/o
         C/o   Santosh     Lawania,        Halena,       Tehsil   Weir,   District
         Bharatpur, Raj.
2.       Vijay Kumar S/o Late Gajender Singh, R/o Village
         Dharsooni, Tehsil Weir, District Bharatpur, Presently R/o
         C/o   Santosh     Lawania,        Halena,       Tehsil   Weir,   District
         Bharatpur, Raj.
3.       Vishal Singh S/o Sh. Divan Singh, R/o Village Dharsooni,
         Tehsil Weir, District Bharatpur, Presently R/o C/o Santosh
         Lawania, Halena, Tehsil Weir, District Bharatpur, Raj.
                                                                   ----Petitioners
                                    Versus
1.       State of Rajasthan through P.P.
2.       Jawahar Singh S/o Sh. Reshilal, R/o Village Bai, Ps
         Halena, Tehsil Weir, District Bharatpur, Raj.
                                                                 ----Respondents

For Petitioner(s) : Mr. Ram Mohan Sharma and Mr. Ankit Agarwal For Respondent(s) : Mr. Sher Singh Mahala HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 29/05/2019

1. Issue notice to the complainant-respondent No.2.

2. Learned Public Prosecutor accepts notice on behalf of the State.

3. It is contended by counsel for the petitioner that police submitted negative final report and Protest Petition was filed. Learned Magistrate recorded the statement of complainant under Section 200 Cr.P.C. and thereafter, referred the matter back for (Downloaded on 29/06/2019 at 04:54:36 AM) (2 of 2) [CRLMP-3317/2018] further investigation. He is not empowered by the Code to send the matter for further investigation once he has recorded the statement of complainant under Section 200 Cr.P.C.

4. Counsel for the petitioner has placed reliance on Bhushan Prakash @ Prasad vs. State of Rajasthan & Ors., 2007 (1) Cr.L.R. (Raj.) 7 and Yogesh Attray vs. State of Rajasthan And Anr., S.B. Criminal Misc. Petition No. 4248/2018, order dated 01.08.2018 whereby the Court has stayed the operation of impugned order.

5. List after service.

6. The operation of impugned order shall remain stayed till the next date.

(PANKAJ BHANDARI),J simple Kumawat /47 (Downloaded on 29/06/2019 at 04:54:36 AM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur