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2022 Supreme(Raj) 644

PUSHPENDRA SINGH BHATI
Mohan Ram S/o Shri Salga Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent


Advocates appeared:
For the Appellant : Mr. R.S. Choudhary Mr. Jassa Ram, Mr. Sumer Singh Gour. Mr. Jai Kishan.
For the Respondent: Mr. Gaurav Singh PP Mr. Mukesh Trivedi PP.

JUDGMENT :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred claiming the following reliefs:

    “It is, therefore, most humbly and respectfully prayed that this revision petition may kindly be allowed and impugned order dated 11.01.2022 passed by learned Addl. Sessions Judge, Ladnun District Nagaur in Sessions Case No.16/2018 may kindly be quashed and set aside and the petitioner may kindly be ordered to be discharged from the offence under Section 307, 332, 353 IPC.”

3. The genesis of the present controversy is traceable to an FIR No.201/2017 registered at Police Station, Jaswantgarh, District Nagaur, against the petitioner for the offences under Sections 307, 332 & 353 IPC and Section 3, 25 & 27 of the Arms Act, in connection with an incident wherein the accused is said to have opened fire upon the police team with an intention to kill the members of the police team, while the police tried to stop the vehicle in question;

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