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2006 Supreme(Raj) 1290
High Court Of Rajasthan
Judgename : H.R.PANWAR
STATE OF RAJASTHAN - Appellant
Versus
SHAHJAD KHAN - Respondent
CRIMINAL LEAVE TO APPEAL 259 Of 2005
Decided On : 05/03/2006
Important Points
Subject
Criminal Law - Service of Notice
Headnote
Service of Notice - Criminal Procedure - The court found that the accused-respondent had been served with the notice, as evidenced by the engagement of a counsel to obtain a certified copy of the leave to appeal. The service was deemed complete, and leave to appeal to the court was granted.
Fact of the Case:
The accused-respondent was found to have been served with the notice, and leave to appeal to the court was granted.
Finding of the Court:
The court granted leave to appeal and admitted the appeal, summoning the accused respondents for their appearance before the court.
Issues: Service of notice, grant of leave to appeal, admission of appeal, summoning of accused respondents.
Ratio Decidendi: The engagement of a counsel to obtain a certified copy of the leave to appeal was deemed sufficient evidence of the accused-respondent being served with the notice, leading to the grant of leave to appeal.
Final Decision: The court granted leave to appeal, admitted the appeal, and summoned the accused respondents for their appearance before the court.
J.P.S.Choudhary
( 1 ) NOTICE of accused-respondent No. 1 Shahjad Khan has been served on his father Pappu Khan. It appears from the record, that accused-respondent Shahjad Khan has engaged a counsel mr. Sandeep Mehta to obtain certified copy of the leave to appeal, which clearly goes to show that accused-respondent no. 1 Shahjad Khan has been served with the notice. The service is therefore, complete.
( 2 ) HEARD learned Public Prosecutor for the State and perused the judgment and order impugned. Having considered the totality of facts and circumstances of the case, I think it a fit case to grant leave to appeal to this court.
( 3 ) ACCORDINGLY, the leave to appeal to this Court is granted. The memo of leave to appeal be treated as memo of appeal. Let the appeal be registered on regular number. Appeal is admitted. Accused respondents Shahjad Khan S/o Pappu Khan and Ram singh S/o Devi Singh Solanki be summoned by bailable warrant of Rs. 5,000. 00 each for their appearance before this Court on 10/7/2006 and as and when called upon to do so.
