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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Vikram Sharma S/o Late Shri Munni Lal Sharma – Appellant
Versus
State Of Rajasthan, through PP. – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
Reportable
For convenience of exposition, this judgment is divided in the following parts: -
| 1 | Prelude |
| 2 | The challenge |
| 3 | Arguments by the petitioner. |
| 4 | Arguments by the learned P. P. and complainant. |
| 5 | Analysis and discussions |
| 6 | Conclusion and directions |
Prelude:-
1. The instant misc. petition is listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time.
2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.
The Challenge:-
3. By way of filing the instant criminal misc. petit
The main legal point established in the judgment is the significance of electronic evidence in proving the alibi of the accused and the importance of considering the material on record and the invest....
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
(1) Summoning of additional accused to face trial – Section 319 Cr.P.C. is intended to prevent real perpetrator from escaping trial – Power under Section 319 Cr.P.C. is triggered not by conjecture bu....
The power under Section 319 of Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and with caution, and requires strong and cogent evidence against the person being summoned.
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