Mubarak @ Salman vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2046

FARJAND ALI
Mubarak @ Salman – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Firoz Khan, Mr. Ansarul Hak.
For the Respondent: Mr. Anil Joshi, GA-CUM-AAG, Mr. Rajat Chhparwal AAG, Mr. Jayant Mahecha for Mr. Sudhir Saruparia.

ORDER :

Farjand Ali, J.

The legality, propriety and correctness of the order dated 08.01.2016 passed by the learned Additional Sessions Judge No. 3, Chittorgarh in Criminal Case No. 52/2014 have been challenged by the petitioner whereby the criminal prosecution was allowed to be withdrawn by the learned trial Court and the proceedings against the accused-respondents were dropped.

2. Bereft of elaborate details, brief facts necessary for disposal of the instant criminal revision would be that on 23.12.2007, the respondents, in furtherance of their common object, trespassed into the house of the petitioner-complainant, ransacked and vandalized the house as a result of which the entire belongings were destroyed. The fire was of such magnitude that all the household articles got damaged. An FIR bearing No. 460/2007 came to be lodged by the petitioner at Police Station Kapasan, District Chittorgarh upon which, the investigation was conducted. The coloured photographs, site memo, the statements of the witnesses and other independent evidence prima facie made a foolproof case against the accused-respondents for the offences under Sections 147 , 148, 149, 435, 436, 454 & 379 IPC and according