Bheemsen @ Bheema S/o Badri Prasad vs State of Rajasthan through P.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 2325

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Bheemsen @ Bheema S/o Badri Prasad – Appellant
Versus
State of Rajasthan through P.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Yogesh Singhal Advocate
For the Respondent: Mr. Manvendra Singh Shekhawat, Public Prosecutor

Table of Content
1. background facts of the case. (Para 1 , 2)
2. arguments for and against the application under section 311 cr.p.c. (Para 3 , 4)
3. court’s detailed analysis on the application of section 311 cr.p.c. (Para 5 , 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. quashing of the trial court's order and dismissal of prosecution application. (Para 8 , 18)
5. final conclusion and order on the petition. (Para 19 , 20)

Judgment :

ANAND SHARMA, J.

1. By way of filing this criminal misc. petition, the petitioner has challenged order dated 10.01.2019 passed by the Court of Special Judge, Dacoity Affected Area, Dholpur (hereinafter to be referred as 'the trial court') in Sessions Case No. 57/2018 (CIS No. 48/2017) titled as State Vs. Bheemsen & Others, whereby, application under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') filed by the prosecution has been allowed and direction was issued by the trial court to summon witness, namely, Dr. Brajmohan Mangal for examination.

2. It is stated that pursuant to F.I.R. No. 96/2015 lodged on 28.04.2005 against the petitioners for alleged offences punishable under Sections 143 , 323, 341 and 452 of the