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1995 Supreme(Raj) 317

RAJENDRA SAXENA
Radhesh Chandra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
D.S. Shishodia, Sr. Advocate, Assisted by Sunil Mehta, for Petitioner K.L. Thakur, Public Prosecutor M.L. Garg, for Non-petitioner No. 2 Kamal Dave, for the C.B.I.

Honble SAXENA, J. - This petition has been filed under Section 482 read with Section 407 (1) Cr.P.C. for recalling this courts order dated 19.9.94, which was corrected vide order dated 22.9.94 passed in S.B. Cr.Misc. Petition No. 584/94 "Rajeev Joshi vs. State", whereby the sessions case arising out of FIR No. 150/91, Police Station, Amba Mata, Udaipur, which was committed by the learned Addl.CJM, S.P.E. Cases, Jaipur, was withdrawn from the file of learned Sessions Judge, Jaipur District and transferred to the file of learned Sessions Judge, Udaipur for trial in accordance with law.

(2). Petitioner is the real brother of deceased Smt. Manisha, who was married in February, 1985 to accused non-petitioner Rajeev Joshi & who died on the night intervening 8th and 9th Oct. 1991 due to extensive burn injuries inside the house of her husband situated in Udaipur. She was immediately taken to the hospital, where she is alleged to have made two dying declarations orally one to Dr. Miss Savita and other to a Magiestrate. The dying declaration said to have been made to the Meagistrate could not be completed because of her serious condition. Accused non- petitioner Rajeev Joshi reported the inci





























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