ANOOP BOD SON OF SHRI RAM CHANDRA v. STATE OF RAJASTHAN
CRLMP/8630/2024 · 2025-01-02
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35353 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35353 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:170] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8630/2024 Anoop Bod Son Of Shri Ram Chandra, Aged About 39 Years, Resident Of 4-M-2, Dadabari Kota (Raj). ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Neelam Kumar Gurjar Wife Of Shri Anup Gurjar, Resident Of 4-M-2, Dadabari Vistar Yojna, Police Station Dadabari, Kota (Raj). ----Respondents For Petitioner(s) : Mr. Man Singh Meena For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 02/01/2025
1. By way of this criminal misc. petition under Section 528 of B.N.S.S.,2023 the accused-petitioner has approached this Court with a prayer to quash and set aside the criminal proceedings pending before the Additional Chief Judicial Magistrate No.2, Kota, in criminal case No. 3735/2020 (State Vs. Anup Kumar) arising out of FIR No.10/2020 registered at Police Station Dadabadi, District Kota City for the offences punishable under Sections 341 and 323 of I.P.C.
2.
Learned counsel for the accused-petitioner submitted that a regular Criminal Case No.3735/2020 is pending before the Additional Chief Judicial Magistrate No.2, Kota since 04.07.2020.
Learned counsel further submitted that on 04.07.2020, substance of accusation was read over to the accused-petitioner, since then the trial is pending. He also submitted that the accused-petitioner is a government servant being Third Grade Teacher and he has
[2025:RJ-JP:170] (2 of 2) [CRLMP-8630/2024] been denied promotion due to pendency of criminal cases as per Annexure-3.
3.
Learned counsel for the petitioner argued that without going into the merits of the case, the trial Court may be directed to dispose of the criminal proceedings pending against the accused- petitioner in a time bound manner.
4. Heard learned counsel for the parties and perused the material available on record.
5. Learned Public Prosecutor opposes the prayer made on behalf of the petitioner, in view of the judgment passed by Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. & Ors. (Criminal Appeal No.3589/2023) dated 29.02.2024.
6. Looking to the fact that the trial against the petitioner pertains only to the offences punishable under Sections 341 and 323 of IPC, and the same is pending for the last about four years, the trial Court is directed to dispose of criminal case No.3735/2020 as expeditiously, as possible.
7. With the above direction, the petition is disposed of.
8. Stay application also stands disposed of.
(ASHUTOSH KUMAR),J TANISHA /40