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GOPAL TIWARI AND ORS versus STATE

High Court of Rajasthan

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GOPAL TIWARI AND ORS v STATE - CRLMP Case No. 160 of 2003 [2006] RD-RJ 2701 (15 November 2006)

160/2003

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR.

ORDER

Gopal Tiwari and ors. Vs. State

SB CRIMINAL MISC.PETITION NO.160/2003 u/S.482 Cr.P.C.

Date of Order :- 15/11/2006.

PRESENT

HON'BLE MR.JUSTICE HARBANS LAL

None present for the petitioners.

Mr. Arun Sharma P.P. for the State.

****

BY THE COURT:-

The instant petition under Section 482

Cr.P.C. seeks quashing of the order dated 24/8/2002 of the learned Judge (Communal

Riots/Man Singh Murder Case) Jaipur vide which the application filed u/S.468 Cr.P.C. has been dismissed and it has been held that the case is not time barred. 2) When this case was called for admission no one has put in appearance on behalf of the petitioners. I have therefore, heard learned

Public Prosecutor ex-parte and have perused the impugned-order as well as memo of petition. 3) I do not find any cogent and valid ground to interfere in the impugned-order in exercise of the inherent powers of this Court u/S.482 Cr.P.C. which, as per the settled law, are to be and ought to be exercised very sparingly and with circumspection to prevent the abuse of the process of the court or to secure the ends of justice. 160/2003 4) The order impugned is well-considered and well-reasoned and in view of the law laid down by the Hon'ble Apex Court in Bharat Damodar Kale and anr. Vs. State of A.P. : (2003) 8 SCC 559, no interference in the said order is called for.

Consequently, this petition u/S.482

Cr.P.C. being devoid of merit and substance deserves to be and is hereby dismissed.

(HARBANS LAL), J. anil 160/2003

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR.

ORDER

Gopal Tiwari and ors. Vs. State

S.B. CR.MISC.STAY APPLICATION NO.125/2003

IN

SB CRIMINAL MISC.PETITION NO.160/2003 u/S.482 Cr.P.C.

Date of Order :- 15/11/2006.

PRESENT

HON'BLE MR.JUSTICE HARBANS LAL

None present for the petitioners.

Mr. Arun Sharma P.P. for the State.

****

BY THE COURT:-

This stay application u/S.482 Cr.P.C. is disposed of in view of the disposal of the main petition today.

(HARBANS LAL), J. anil


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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