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Rajasthan High Court - Jaipur

Jafran W/O Janu B/C Mev vs State Of Rajashtan Through Secretary ... on 8 August, 2018

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 4684/2018

Jafran W/o Janu B/c Mev
                                                     ----Petitioner
                              Versus
State Of Rajashtan Through Secretary Department Of Home
Affairs Govt. Secretariat
                                                   ----Respondent


For Petitioner(s)      :   Mr. Liyakat Khan
For Respondent(s)      :   Mr. Prakash Thakuriya, PP for State



  HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

                              Order

08/08/2018

     Present petition has been filed under Section 482 Cr.P.C.

praying that respondent No.4 be directed to present the complaint

preferred by the petitioner under Sections 107, 116 Cr.P.C. in the

court of Sub Divisional Magistrate/Executive Magistrate.

     Learned counsel for the petitioner contends that there is on

going dispute with the neighbours and petitioner apprehend

danger to her life. Learned counsel submits that an application

under Sections 107, 116 Cr.P.C. was submitted in the Court of

Executive Magistrte and the said application was sent to Police

Station Kaman, District Bharatpur, for comments of the SHO.

Learned counsel contends that for not giving the comments, delay

has been caused and there is an apprehension of breach of peace.

     Shri Prakash Thakuriya, learned Public Prosecutor, upon

telephonic instructions from SHO, Police Station Kaman, has

submitted that the complaint preferred by the petitioner and the

respondents shall be sent back to the Court of Executive
                                                             (2 of 2)                   [CRLMP-4684/2018]



                                   Magistrate who had sought comments, within a period of one

                                   week from today.

                                             Learned counsel for the petitioner prays that the present

                                   petition be disposed of in terms of statement made by the learned

                                   Public Prosecutor.

Ordered accordingly.

(KANWALJIT SINGH AHLUWALIA),J Govind/ Powered by TCPDF (www.tcpdf.org)