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2011 Supreme(Raj) 2515

SANDEEP MEHTA
Nena Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:M.K. Garg, Advocate.
For the Party: Anil Joshi, Public Prosecutor.
For the Respondent No. 2:Shambhoo Singh, Advocate.

JUDGMENT

1. - Today the matter comes up on an Application No. 2380/2011 for early hearing of the petition.

2. With the consent of the learned counsel for the parties, the matter is heard on merits.

3. The present misc. petition has been filed assailing the order taking cognizance dated 9.4.2001, passed by the A.C.J.M., Bali, as affirmed in revision by order dated 7.6.2011.The learned counsel for the petitioner submits that in this case, the incident is of the year 1996. The F.I.R. was filed after three months of the occurrence and the petitioner has been summoned after five years of the occurrence and warrants of arrest have been issued against him.

4. I have heard the learned counsel for the parties and have perused the order taking cognizance as well as the order of the revisional Court.

5. Whatever objections the petitioner wishes to raise by way of this misc. petition can be better canvassed before the trial Court at the stage of framing of the charges. However, looking to the facts and circumstances of the case, particularly the facts that the incident is of the year 1996, the F.I.R. has been filed after three months of the occurrence and now a period of more then 15 years has pas






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