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2021 DAILYLAW 2469 (RAJ)

DHARMRAJ @ DEEPU S/O SHRI SITARAM MEENA v. STATE OF RAJASTHAN

CRLMP/2447/2021 · 2026-05-14

Anoop Kumar Dhand

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.2447/2021 1. Dharmraj @ Deepu S/o Shri Sitaram Meena, R/o Dabich Phagi Jaipur Raj. 2. Kahnaiya @ Kana S/o Shri Ramkaran Meena, R/o Bokdawas Phagi Jaipur Raj. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Jhabar Singh S/o Shri Dhannaram, R/o Pujari Ka Bass Khandela Sikar Raj. At Present Hc 319 Phagi Jaipur Raj. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 14/05/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 22.02.2021 passed by the ld. Additional Sessions Judge, Dudu, District Jaipur by which the charges have been framed against the petitioners under Sections 143, 148, 149, 341, 332, 353, 382, 307 and 395 IPC and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957. 2. It has been averred in the instant misc. petition that an FIR was lodged after conducting a medical examination of the injured and it found that the injured has not sustained any such injury for which a charge under Section 307 IPC can be framed. Hence, a prayer has been made to discharge the petitioners from the aforesaid charges. (2 of 2) [CRLMP-2447/2021] 3. Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioners and submitted that the injured has sustained as many as eight injuries on various parts of his body and was subjected to repeated blows, which reflects the intention of the accused to commit the offence under Section 307 IPC and other offences. He submits that a cogent and reasoned order has been passed by the Court below, which does not require any interference of this Court, hence, the instant misc. petition is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record indicates that as the incident occurred on 01.04.2019, wherein the injured Jhabbar Singh was assaulted by the accused persons and he has sustained as many as eight injuries on various parts of his body and some of the injuries were inflicted upon him by repeated blows by the accused persons on various part of his body. 6. Looking to the overall facts and circumstances of the case, the injury report, the x-ray report and the statements of the material witnesses so recorded, the Court below has framed charges against the petitioners for the above stated offences by passing a reasoned and cogent order. 7. This Court finds no illegality in the order impugned, which warrants any interference of this Court. Accordingly, the instant criminal misc. petition stands dismissed. Stay application as well as all pending applications, if any, stand dismissed. (ANOOP KUMAR DHAND),J Karan/4