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2024 Supreme(Raj) 370

ARUN MONGA
Mohd. Atik Sheikh S/o Shri Mohd. Khusheed Sheikh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Sanjay Mathur.
For the Respondent: Sumer Singh.

ORDER :

1. Under challenge before this Court is an order dated 02.03.2024, passed by the learned Additional Sessions Judge No. 5, Udaipur, in pending Criminal Case No. 52/2019, wherein the petitioner is a victim-complainant.

2. It transpires that the allegations in the FIR, inter-alia, are that the accused had assaulted the petitioner and inflicted serious injuries attracting Section 307 IPC, apart from other offences.

3. During the course of the investigation, the blood-stained clothes as well as the weapon used to inflict the injuries on the victim (the petitioner herein) were seized. They are required to be adduced in evidence at the appropriate stage.

4. The trial is currently at the stage of prosecution evidence. In midstream thereof, the prosecution filed an application seeking indulgence of the learned trial court to get an FSL report on the blood-stained clothes, sword and the other material, which were used to inflict injuries, to be sent to the FSL and obtain a report on the same. However, the learned trial court has dismissed the application inter-alia observing that the application of the prosecution has been filed belatedly. The same was thus with the oblique motive of del

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