Bajrang Singh Vs. State of Rajasthan
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called for a report from the Superintendent of the Central Jail at
Ajmer on the jail conduct and general behaviour of the petitioner.
The Superintendent of the Central Jail, Ajmer, in his communication
dated 01.06.2012 as made to the Government Counsel, has stated,
merely with reference to the report as received from the Chief
Medical Officer of the Jail Hospital, that the petitioner was not
suffering from any mental disorder and there was no doubt about
his fair mental condition. The report as made by the Superintendent
of the Central Jail falls short of the requirement of our order where it
was expected that he would report on the present jail conduct and
general behaviour of the petitioner.
While relying upon the above legal position, it is
clear that the first information report in itself discloses
the commission of the offence and so far as the
question of sanction under section 197 Cr.P.C. that
has been considered by the trial court as well as by the
revisional court and the trial court while relying upon
the judgment reported in RLW 1993(2) 615 Ran Singh
vs. State of Rajasthan , held that to cause injuries
cannot be said to be part of the duty of the public
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servant and in such cases, protection under section
197 Cr.P.C. is not available. The learned revisional
court also affirmed the order of the learned trial court
while agreeing with the conclusion drawn by the
learned trial court. Where the first information report
discloses commission of any offence, the court should
not exercise the powers to quash the cognizance.
S.B. CIVIL WRIT PETITION NO.4134/2011
(Shokat Khan Vs. State & Ors.)
Date of Order :: 05.09.2011
PRESENT
HON'BLE MR JUSTICE GOPAL KRISHAN VYAS
Mr. M.S. Godara, for the petitioner.
S.B. CIVIL WRIT PETITION NO.1453/2010
(Lekh Ram Vs. State of Raj. & Ors.)
Date of Order :: 30.05.2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. V.K. Bhadu, for the petitioner.
S. B. CRIMINAL MISC. BAIL APPLICATION NO. 2918/2014
(Ratana Ram Vs. State of Rajasthan)
Date of order :: 22.04.2014
HON'BLE MS.JUSTICE NIRMALJIT KAUR
Mr. Dinesh Vishnoi for
Mr. R.J. Punia, counsel for the petitioner
Mr. Ashok Upadhyaya, counsel for the State.