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Dharam Pal and ors Vs. State and anr

Dharam Pal and ors vs State and anr

Type Court Judgment Court Rajasthan Jodhpur Decided Feb 26, 2013
~2 min read
https://sooperkanoon.com/case/973875

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Citation
Court
Rajasthan Jodhpur High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Dharam Pal and ors

Respondent

State and anr

Excerpt

1. s.b. criminal misc. petition no. 1609/2012 (dharam pal & ors. vs. the state of rajasthan & anr.) date of order :26. 2.2013 hon'ble mr. justice sandeep mehta mr. s.k. dadhich, for the petitioners. mr. o.p. singaria, public prosecutor. the instant misc. petition has been filed on behalf of the petitioners challenging the order dated 8.6.2012 passed by the learned addl. sessions judge (fast track), no.2, hanumangarh, head quarter nohar in revision, whereby, the order dated 2.6.2009 passed by the learned addl. chief judicial magistrate, nohar, distt. hanumangarh taking cognizance against the petitioners for the offences under sections 147 and 323 ipc has been affirmed. in this case, the petitioner has failed to provide fresh address of the respondent no.2 despite the peremptory order dated 7.1.2013. having heard learned counsel for the parties and upon perusal of the orders impugned passed by the learned courts below, this court is of the opinion that the learned trial court has given substantial reasons for taking cognizance against the petitioners for the aforesaid offences. the order taking cognizance is an ex parte order and has also been affirmed in revision as well.2. resultantly, the misc. petition as well as the stay petition being bereft of any force are hereby dismissed. however, the petitioners shall be at liberty to raise all their contentions before the trial court at the appropriate stage. (sandeep mehta), j.ms rathore

Full Judgment

1. S.B. CRIMINAL MISC. PETITION NO. 1609/2012 (Dharam Pal & Ors. Vs. The State of Rajasthan & Anr.) DATE OF ORDER :

26. 2.2013 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. S.K. Dadhich, for the petitioners. Mr. O.P. Singaria, Public Prosecutor. The instant misc. petition has been filed on behalf of the petitioners challenging the order dated 8.6.2012 passed by the learned Addl. Sessions Judge (Fast Track), No.2, Hanumangarh, Head Quarter Nohar in revision, whereby, the order dated 2.6.2009 passed by the learned Addl. Chief Judicial Magistrate, Nohar, Distt. Hanumangarh taking cognizance against the petitioners for the offences under Sections 147 and 323 IPC has been affirmed. In this case, the petitioner has failed to provide fresh address of the respondent No.2 despite the peremptory order dated 7.1.2013. Having heard learned counsel for the parties and upon perusal of the orders impugned passed by the learned courts below, this court is of the opinion that the learned trial court has given substantial reasons for taking cognizance against the petitioners for the aforesaid offences. The order taking cognizance is an ex parte order and has also been affirmed in revision as well.

2. Resultantly, the misc. petition as well as the stay petition being bereft of any force are hereby dismissed. However, the petitioners shall be at liberty to raise all their contentions before the trial court at the appropriate stage. (SANDEEP MEHTA), J.

ms rathore

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