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2022 Supreme(Raj) 712

PUSHPENDRA SINGH BHATI
Meena W/o Sh. Pushpendra Mewara – Appellant
Versus
State, Through PP – Respondent


Advocates appeared:
For the Petitioners: Mr. D.S. Udawat
For the Respondents: Mr. M.S. Bhati, P.P., Mr. H.S. Shekhawat

JUDGMENT :

1. In 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 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 respectfully and humbly prayed that this revision petition may kindly be allowed and the impugned order dated 9.8.2018 passed by the learned Addl. Sessions Judge, Jaitaran, District Pali, in Sessions Case No. 11/2017 for the offence U/s 458, 323, 324, 325, 307/34 of Indian Penal Code may kindly be modified to the extent of framing the charges U/s 459 IPC in place of Section 458 IPC against the respondents accused in the interest of Justice.”

3. Learned counsel for the petitioner submits that the order, dated 09.08.2018, passed by the learned Addl. Sessions Judge, Jaitaran, Pali in Sessions Case No. 11/2017, has not rightly appreciated the facts and circumstances of the case at hand, and that the said order suffers from an incorrect framing of charges, to the extent that a charge was framed under Section 458 IPC instea

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