Shankar Lal Khandelwal vs. The State Of Rajasthan
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Order Issued After Hearing
Purpose:
Mention Memo
Before:
Hon'ble Hrishikesh Roy, Hon'ble Sanjay Karol
Stage:
FRESH (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Notice, Stay/Status quo [protected from arrest]
Listed On:
22 Sept 2023
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
155409/2023,155410/2023,158383/2023,158385/2023,172544/2023,172545/2023,
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Order Text
1
ITEM NO.33 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).9659/2023
(Arising out of impugned final judgment and order dated 27-07-2023 in SBCRWP No. 618/2023 passed by the High Court Of Judicature For Rajasthan At Jaipur)
SHANKAR LAL KHANDELWAL & ORS. Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)
IA No. 172545/2023 - DISPENSING WITH AUTHENTIC TRANSLATION IA No. 158385/2023 - DISPENSING WITH AUTHENTIC TRANSLATION IA No. 155409/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 155410/2023 - EXEMPTION FROM FILING O.T. IA No. 172544/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 158383/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 22-09-2023 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL
| For Petitioner(s) | Mr. Sunil Fernandes, Adv.<br>Mr. Naman Mohnot, Adv.<br>Ms. Nupur Kumar, AOR<br>Ms. Priyansha Sharma, Adv.<br>Ms. Muskan Nagpal, Adv. | |
|---|---|---|
| Ms. Diksha Dadu, Adv. | ||
| For Respondent(s) | Mr. Siddhartha Dave, Sr. Adv. |
Ms. Archana Pathak Dave, AOR Mr. Kumar Prashant, Adv. Ms. Aakriti, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Sunil Fernandes, the learned counsel appearing for the petitioners. The counsel would refer to the additional documents brought on record and, more particularly, the FIR No.604 of 2017 and the chargesheet in the said case filed on 24.07.2018 to submit that the allegations in the present FIR No.3 of 2023 is substantially similar to the allegations in the FIR No.604 of 2017. Accordingly, it is argued that the second FIR would be barred in view of the law laid down in TT Antony vs. state of Kerala reported in 2001 6 SCC 181.
2. It is further pointed out that there are as many as 10 cases pending against the complainant in the FIR No.3 of 2023, the details of which are mentioned in paragraph 5.4 in the Criminal M.P No.172544 of 2023, in the additional document.
3. Mr. Siddharth Dave, learned Senior Counsel appears for the respondent No.3 (complainant).
4. Issue notice.
5. In the meantime, the petitioners are protected from arrest. However, they shall cooperate with the investigation in default of which, this interim protection will be recalled.
[DEEPAK JOSHI] [KAMLESH RAWAT] COURT MASTER ASSISTANT REGISTRAR