Dhara Singh vs State of Rajasthan - 2023 Supreme(Raj) 1882

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1882

ASHOK KUMAR JAIN
Dhara Singh – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. D.K. Dixit and Mr. Ashvin Garg
For the Respondent: Mr. Atul, Kumar, Public Prosecutor and Mr. Satish Khandal

Table of Content
1. overview of appeals and initial facts (Para 1 , 6)
2. appellant's arguments against cognizance (Para 2)
3. respondent's counterarguments (Para 4)
4. court's analysis on facts and evidence (Para 5 , 7 , 8)
5. legal reasoning on protections under section 197 cr.p.c. (Para 9 , 10 , 11)
6. final order of the court (Para 12)

JUDGMENT :

Mr. Ashok Kumar Jain, J. - The aforesaid three appeals were preferred aggrieved from order of cognizance dated 24.6.2022 in matter arising out of protest petition No. 182/2022 related F.R. number 88/2012 in FIR No. 126/2012 Police Station, Ramganj, Jaipur city (North). In all appeals, the order of cognizance dated 24.6.2022 is under challenge, therefore, we are disposing of all the appeals by a common order.

2. Learned Counsel for appellant submitted that on complaint of Ravi Vaswani an F.I.R. No. 37/2012 in Police Station Ramganj was registered under Sections 420 , 406 and 384 I PC, wherein after conducting investigation, a charge-sheet was drawn and filed before learned Additional Chief Judicial Magistrate No. 4, Jaipur Metropolitan. He further submitted that FIR was registered on 4.2.2012 whereas charge-sheet was filed on 12.2.2012 against r