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2022 Supreme(Raj) 814

PUSHPENDRA SINGH BHATI
Sanjay Singh Kachhwaha S/o Jitendra Singh Kachhwaha – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nishant Bora
For the Respondent: Mr. Abhisehk Purohit, Additional G.A.

JUDGMENT :

1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following prayer:-

    “It is, therefore most respectfully prayed that the application filed by the petitioner u/s 482 Cr.P.C. may be allowed and:

(i) The order dated 30.09.2022 passed by the learned Special Judge, SC/ST Act Cases, Udaipur may kindly be quashed and set aside and the application filed bythe accused petitioner for taking the CC TV footage on record as secondary evidence may kindly be allowed

(ii) defence may be allowed to exhibit mark and play the CD containing the CC TV footage and confront the eyewitnesses in cross examination;

(iii) proceedings pending before Special Judge, SC/ST (Prevention of Atrocities Cases) Udaipur (sic.) in Criminal Misc. Case No. 168/2018 may kindly be quashed and set aside.

(iv) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. Brief facts of the case, as the pleaded facts and a perusal of the record would reveal, are that complainant-Mahendra Chhaparwal, his brother-Gajendra Chhaparwal, his uncle-Murli Chhaparwal and Rahul Tamb

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