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2025 DAILYLAW 38438 (RAJ)

HORILAL SON OF SHRI SHYAM LAL SAINI v. RAMBABU SAINI (MALI) SON OF SHRI GOPICHAND

CW/14700/2025 · 2025-10-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:40084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14700/2025 Horilal Son Of Shri Shyam Lal Saini, Aged About 65 Years, Resident Of Kanhaiya Kunj Colony, Jamna Bagh Road, Police Station Sadar Bazar, Mathura (Up). ----Petitioner Versus 1. Rambabu Saini (Mali) Son Of Shri Gopichand, Aged About 40 Years, Resident Of Village Aurangabad, Tehsil Mathura, District Mathura (Up). 2. Zakruddin (Muslim) Son Of Shri Chotu Khan, Resident Of Sirmoli Police Station Sadar, District Alwar. Driver Bus No. R.j.14/pa6245 3. Subhashchand Sharma Son Of Shri Devaram Sharma, Resident Of Village Baleta P.s. Malakhera District Alwar, Present Mano Marg, New Bas Circle, Sharma Bus Office, P.s. Arawli Vihar, District Alwar. Owner Bus No. R.j. 14/pa6245 4. Manager Bajaj Airlines General Insurance Company Ltd., Ge Plaza, Airport Road, Yerwada Pune (Maharastra). Pin Code 411006 India Policy No. O.g.-10-1410-1812- 00000031Date 10.01.2010 To 09.01.2011 And Manager Office First Floor Swariyaa Tower, 6 Kailash Colony, Gaurav Path, Near Bhagat Singh Circle, District Alwar Pin Code 301001 ----Respondents For Petitioner(s) : Mr. Saransh Saini For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/10/2025 Learned counsel for the petitioner has submitted that in the year 2008, the petitioner’s daughter got married. On 04.12.2010 [2025:RJ-JP:40084] (2 of 2) [CW-14700/2025] the petitioner’s daughter was brutally murdered, however, to give a different picture, the same was alleged to be an accident. In this background, it is submitted that against the said incident an FIR was lodged, but in trial the husband was acquitted, against which a petition was filed, agitating the said order before the Allahabad High Court; the same as on date is pending. At this nascent juncture, learned counsel has made a limited prayer that the proceedings subjudice before the learned MACT and the order dated 07.08.2025 (Annexure-13) calls for judicial intervention of this Court and the same is ought to be stayed. Having heard the submissions made by the learned counsel for the petitioner, upon a perusal of the material available on record and in the foregoing facts and circumstances, this Court is of a view that qua the proceedings subjudice before the learned MACT, there is no need of any interference as the petitioner has all legitimate grounds and prayers which can be adjudicated in accordance with law, the matter has certain disputed questions of fact and the same can be dealt by the Tribunal concerned. It is made clear that no prejudice be caused on account of passing of this order qua either of the sides vis-a-vis the matter in hand. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/6