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2025 DAILYLAW 31079 (RAJ)

DHARMVEER S/O. ARJUN SINGH v. STATE OF RAJASTHAN

/1730/2025 · 2025-09-24

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:39312] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1730/2025 Dharmveer S/o. Arjun Singh, Aged About 35 Years, R/o. Bharatpur Nursing Home Wali Gali, B-Narayan Gate, P.s. Mathura Gate, Bharatpur ----Petitioner Versus 1. State Of Rajasthan, Through Its Public Prosecutor. 2. Omprakash S/o. Pancham Ram, R/o. Bharatpur Nursing Home Wali Gali, B-Narayan Gate, P.S. Mathura Gate, Bharatpur. ----Respondents For Petitioner(s) : Mr. Satyapal Poshwal with Ms. Abhilasha Choudhary For Respondent(s) : Mr. Devi Singh Choudhary, P.P. Mr. Jagmohan Bhardwaj HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 24/09/2025 The present revision petition has been filed by the petitioner under Section 438 r/w Section 442 of B.N.S.S. against the order dated 05.08.2025 passed by learned Additional Sessions Judge No.2, Bharatpur, whereby the application under Section 319 of Cr.P.C. filed by the complainant-respondent, was allowed, cognizance was taken against the accused-petitioner & the petitioner was summoned through arrest warrant. Heard. Issue notice(s) to the respondents. Learned Public Prosecutor accepts notice on behalf of respondent No.1-State of Rajasthan. Mr. Jagmohan Bhardwaj, Advocate has put in appearance on behalf of respondent No.2 and accepts notice on behalf of respondent No.2. His name be shown in the cause list. [2025:RJ-JP:39312] (2 of 2) [CRLR-1730/2025] Service is complete. Learned counsel for the petitioner submits that the learned Trial Court took cognizance under Section 304 of I.P.C. against the petitioner and summoned him directly through arrest warrant. In view of above, learned counsel for the petitioner submits that the petitioner is ready to surrender himself before the learned Trial Court and, therefore, he may be permitted to withdraw the present revision petition with liberty to raise all his objections/grounds before the learned Trial Court at the stage of charge. Permission, as sought for, is allowed. The present petition is accordingly dismissed as withdrawn with liberty as prayed for. Looking to the overall facts & circumstances of the case and considering the submissions made at bar, this Court deems it just & proper to stay arrest warrant issued against the petitioner vide order dated 05.08.2025 for a period of one month from the date of this order. It is made clear that in the event, the petitioner surrenders himself and moves a regular bail application before the learned Trial Court, the same may be decided preferably on the very same day in accordance with after hearing both the parties. Pending applications, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /38