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Rajesh Kumar Meena vs The State Of Rajasthan on 23 January, 2023

Bench: B.R. Gavai, Vikram Nath

                                              IN THE SUPREME COURT OF INDIA
                                              CRIMINAL APPELLATE JURISDICTION


                          CRIMINAL APPEAL NO.                            @    SLP(Crl) No.5985/2022


                         RAJESH KUMAR MEENA                                                 APPELLANT(S)

                                                            VERSUS

                         THE STATE OF RAJASTHAN & ANR.                                      RESPONDENT(S)

                                                         O R D E R

Leave granted.

The present appeal challenges the judgment and order passed by the learned Single Judge of the High Court dated 04.04.2022, thereby allowing the petition filed by respondent no.2 herein.

The respondent-complainant had filed an application under Section 311 Cr.P.C. for producing on record certain additional documents, the same was rejected by a reasoned order dated 03.08.2018 by the Additional Civil Judge & Metropolitan Magistrate No.15, Jaipur.

The same came to be challenged by respondent no.2 in S.B. Criminal Miscellaneous (Petition) No.5684 of 2018, which has been allowed by the learned Single Judge of the High Court.

The only reasoning that the learned Single Judge finds that in the interest of justice he deems it appropriate to allow the petition filed by the appellant/respondent no.2 herein.

When the discretion was exercised by the learned Judge by a well reasoned order, the learned Judge of the High Court should not have interfered with it and that too Signature Not Verified without assigning any reason.

On this short ground, the impugned judgment and order is 18:17:51 IST Reason:

quashed and set aside and the order of the Trial Judge is affirmed.

 The appeal is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.

..............................J ( B.R. GAVAI ) ..............................J ( VIKRAM NATH ) NEW DELHI;

23RD JANUARY, 2023




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ITEM NO.41                COURT NO.8                  SECTION II

               S U P R E M E C O U R T O F        I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)      No(s).    5985/2022

(Arising out of impugned final judgment and order dated 04-04-2022 in SBCRLMP No. 5684/2018 passed by the High Court of Judicature for Rajasthan at Jaipur) RAJESH KUMAR MEENA Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ANR. Respondent(s) (IA No.89207/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.89208/2022-EXEMPTION FROM FILING O.T. ) Date : 23-01-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Aditya Singh, AOR Mr. Shubham Singh,Adv.

Mr. Rajiv Dalal,Adv.

Mr. Pankaj Yadav,Adv.

Mr. Harish Gupta,Adv.

For Respondent(s) Mr. Pankaj Singhal,Adv.

Ms. Ashima Gupta,Adv.

Mr. Sarad Kumar Singhania, AOR Mr. Anish Maheshwari, Adv. Mr. Harsha Vinoy, Adv.

Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed, in terms of the signed order.

(NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file) 3