CRLMP / 6739 / 2024 (PRITI VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/10/2024 Petitioner-victim seeks quashing FIR lodged through her father against her live in partner/accused u/s 354(a), 376D, 376(2)(n), 450 & 34 IPC & S. 5L/6 POCSO as well as some provisions of SCST Act. HELD: Prosecutrix is major as per her Aadhar card. She being an adult is knowledgeable about her rights & responsibilities. Hence, Relationship between Petitioner and accused identified as consensual. Petition allowed.
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CRLAS / 286 / 2024 (PREMCHAND VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/10/2024 Appellants aggrieved by Conviction order passed u/s 8/22 & 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 against appellant 1&2 respectively. HELD: Absence of independent witnesses, collection of samples without ensuring presence of magistrate, non-compliance of Sec. 52A NDPS & delay in sending samples to Forensic Science Laboratory renders the authenticity of sample doubtful. Appellants set free with execution of bond to appear further. Appeal allowed.
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CRLMP / 7095 / 2024 (DINESH @ DINIYA VS STATE OF RAJASTHAN) Date of Order/Judgment: 18/10/2024 Petitioner seeks quashing of order 09.01.2024 passed by Learned Spcl. Judge, SC/ST(POA) Act Barmer. HELD: Direction of Trial Court for Forefeiture of Bail Bonds & initiation of proceedings against surety u/s 446 Cr.P.C. to be set aside as no notice was served before cancellation of Bail Bonds denying him the opportunity for explaining reasons of non-cancellation. Hence, violation of personal liberty. Petition disposed & trial to proceed in accordance with legal provisions.
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CW / 10947 / 2024 (NITISHA CHOUDHARY VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 16/10/2024 Petitioner aggrieved of ongoing selection process for Ayurveda Compounder/Nurse Junior grade. HELD: Adding on half of the vacancy after almost 8 months of commencement of process by splitting the vacancy is beyond the purview of Rule 16 and is illegal and unreasonable as the candidates who became eligible subsequently will be deprived from participating in the recruitment process. Petition allowed.
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CRLA / 1116 / 2015 (GOPAL VS STATE) Date of Order/Judgment: 10/10/2024 Appellant-accused assails judgment of conviction by Add. Sessions Judge,Udaipur u/s 302, 326 & 329 IPC HELD: The crime committed without any premeditation, owing to a sudden fight in a heat of the moment and thus falls within the definition of Culpable Homicide u/s 299 IPC. The period undergone sufficient to meet the ends of justice. Appeal partly allowed.
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CRLA / 5 / 1992 (SHIV PRAKASH, S/O SHRI JAGAN NATH VS STATE OF) Date of Order/Judgment: 19/10/2024 Appellants aggrieved by judgment dated 18.12.1991 qua which he was convicted u/s 376 IPC r/w 511 IPC. HELD: All elements of attempt to rape constituted and if the penetration attempt would have been successful even partially, it would fall within the definition of “Rape” u/s 375 IPC. Deliberated actions of the appellants identified as he calls the minor-victim in room and pushed his genitals into hers. Appeal dismissed, order of conviction upheld.
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CW / 10544 / 2007 (SMT RAGINI SHARMA VS STATE OF RAJ AND ORS) Date of Order/Judgment: 17/10/2024 Petitioner aggrieved by order 12.01.2007 & 13.11.2007 revoking the sanction of mining lease & dismissing revision as time barred. HELD: Limitation to file revision shall commence from the date of commutation of the order. Medical record submitted by the Pet. for proving reasonable cause for delay of 1 week in filing of revision. Application for condonation of delay of short period. is allowed by adopting liberal approach. Hence, Petition allowed.
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CW / 675 / 2023 (STATE OF RAJASTHAN VS RADHAKISHAN) Date of Order/Judgment: 16/10/2024 Petitioner seeks quashing order dated 26.08.2020 passed by Revenue Board Ajmer regarding dismissal of appeal claiming transfer between allottees & Committee violates Secion 42(b) of Act of 1955. HELD: No evidence as to transfer of Khatedari Rights by allottees[SC/ST] in favour of Committee(Respondent 3) which was initially erroneously done in the year 1963, then corrected in 1965 recording that earlier entry was wrongly made has not been challenged for 50 years now. Petition dismissed.
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CRLR / 240 / 2004 (RANG NATH GAGGAR VS STATE AND ORS) Date of Order/Judgment: 15/10/2024 Petitioner-Complainant assails judgment dated 16.12.2003 passed by Additional sessions Judge (F.T.) No. 3, Ajmer against acquittal of accused-Resp. u/s 498A & 304B IPC. HELD: Dying Declaration of the deceased recorded out of her free will & affirmed by the medical officer as per Rule 6.22 Raj. Police Rules, the contents of which does not state allegations of dowry / harassment by the Respondents. FIR was delayed. No arbitrariness / illegality in the judgment. Petition dismissed.
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CW / 3686 / 2024 (KAMLESH, S/O KISHAN LAL VS RAM SAHAI, S/O SUKHA RAM) Date of Order/Judgment: 10/10/2024 Petitioner assails order passed by Revenue Board dismissing revision petition & order of Sub-Divisional Officer of vacating the interim order. HELD: As per S. 84A Raj. Land Revenue Act 1956, no revision shall lie against an interim order passed in any proceedings under the Act. Conclusion arrived at by the board is correct. Interim order was vacated on hearing both the parties. Writ Petition dismissed.
