Kunji Lal Meena S/O Hari Ram Meena vs State Of Rajasthan on 9 September, 2021

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Rajasthan High Court - Jaipur

Kunji Lal Meena S/O Hari Ram Meena vs State Of Rajasthan on 9 September, 2021

Bench: Satish Kumar Sharma

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 3140/2021

Kunji Lal Meena S/o Hari Ram Meena, Aged About 38 Years,
Resident Of Khuntla Police Station Sadar, Distt. Sawai Madhopur
Raj.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.P.
2.       Meetha Lal S/o Hari Ram Meena, Aged About 42 Years,
         Resident Of Khuntla Police Station Sadar Gangapurcity,
         Distt. Sawai Madhopur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Jitendra Kumar Meena through VC For Respondent(s) : Mr. CG Chopra, PP HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 09/09/2021

1. This petition has been filed under Section 482 Cr.P.C challenging the order dated 06.02.2021 passed by Additional District and Sessions Judge, Gangapur City whereby order of Trial Court framing charges under Section 324 & 326 has been dismissed.

2. Heard learned counsel for the petitioner and perused the material made available on record.

3. Learned counsel for the petitioner submits that charge under Section 326 has been framed without any material on record. Thus, the petition deserves to be allowed.

4. The provisions of Section 239 of Cr.P.C clearly mandates that an accused person in a police case instituted upon police report (Downloaded on 10/09/2021 at 09:59:59 PM) (2 of 2) [CRLMP-3140/2021] can only be discharged when after hearing both the sides the charges are found to be groundless.

5. Having heard learned counsel for both the sides and on perusal of record this Court finds that in this case as per ocular evidence as well as medical evidence the injury was inflicted by sharp weapon which was found to be grievous in view of fracture detected by x-ray, therefore, there is no ground to interfere in the impugned order. The petition is accordingly dismissed.

(SATISH KUMAR SHARMA),J FAHEEM AHMAD /12 (Downloaded on 10/09/2021 at 09:59:59 PM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur