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2025 Supreme(Raj) 2053

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Jaishankar Sharma S/o Shri Sita Ram Sharma – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Raghuveer Singh Chundawat
For the Respondent: Mr. Narendra Gehlot, Mr. OP Choudhary

Order :

SANDEEP SHAH, J.

1. The present revision petition has been filed, challenging the order dated 10.10.2023, passed by the learned Additional Sessions Judge No.2, Bhilwara, in Sessions Case No.117/2022 “State v. Jaishankar Sharma & Ors” whereby the learned trial Court has proceeded to frame charges against the petitioners for offences punishable under Sections 143 , 341, 323, 336 and 307 IPC.

Facts of the case:-

2. Shorn of unnecessary details, the brief facts of the case are that, based upon the statement given by one Mustak, son of Zakir Silawat, an FIR No.197/2022 of Police Station Subhash Nagar, District Bhilwara, came to be lodged on 29.04.2022. As per the contents of the FIR and the statement given by Mustak, on 29.04.2022, at around 01:30 AM, complainant-Mustak, his brother Shamir and his friend Avesh were travelling on a motorcycle from Krishna Hospital towards Bagar Hospital, when they saw at the cross-road that 15-20 persons were assaulting 2-3 personss who, were the residents of Maruti Colony. He stated that he was going towards Gulnagri and these 15-20 people stopped him and started assaulting him with stick and stones upon his head and left leg and shoulders. He state

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