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2024 Supreme(Raj) 608

ASHOK KUMAR JAIN
Mahadev (Pradhan) S/o Rudaram Yadav – Appellant
Versus
State Of Rajasthan, Through P. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pratush Choudhary for Mr. Deepak Chauhan
For the Respondent: Mr. Parth Vashistha for Mr. Sudhir Jain, Mr. Imran Khan, PP

ORDER :

Ashok Kumar Jain, J.

1. Instant revision petition is preferred aggrieved from order dated 08.08.2019 in Sessions Case No.1/2012 passed by Additional Sessions Judge, Shahpura District Jaipur, whereby learned Trial Court has taken cognizance under Section 319 against the petitioner and summoned him through non-bailable warrant.

2. Learned counsel for petitioner while referring the judgment in case of Hardeep Singh Vs. State of Punjab: (2014) 3 SCC 92 and Sukhpal Singh Khaira Vs. State of Punjab: (2023) 1 SCC 289 would submitted that at the time of pronouncement of judgment in Sessions Case No. 1/2012, the Trial Court has taken cognizance against the petitioner and same is against the provisions of Section 319 Cr.P.C. He also submitted that the Trial Court after considering the evidence on record has simultaneously passed an order of acquittal in ongoing trial and cognizance against present petitioner. He submitted that at that stage, the trial has concluded therefore, the order of cognizance passed by the Trial Court is contrary to law. He specifically referred the judgment in case of Sukhpal Singh Khaira Vs. State of Punjab (supra) and submitted that if the Trial Court was of t

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