D.B. SPECIAL APPEAL No.772/1998 IN S.B. CIVIL WRIT PETITION No.1015/1998 RAJ. RAJYA SAHKARI UPBHOKTA SANGH LTD. V/S INDUSTRIAL TRIBUNAL, JAIPUR & ANOTHER 20.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri R.B. Mathur, for the appellant. None present for the respondents. Heard learned counsel for the appellant. It appears that Industrial Tribunal, Jaipur answered the reference in favour of the workmen Kailash Shankar Shukla and Hanuman Singh Rathore but they were not impleaded as party before the learned Single Judge. It is no doubt true that Rajasthan Rajya Sahkari Upbhokta Sangh Ltd. was competent to raise the dispute on behalf of the workmen but since no relief was granted in favour of Kailash Shankar Shukla and Hanuman Singh Rathore they ought to have been impleaded as party. After arguing for some time, Shri R.B. Mathur, learned counsel seeks permission to withdraw this appeal with liberty to file fresh writ petition before the learned Single Judge after impleading Kailash Shankar Shukla and Hanuman Singh Rathore as party. The special appeal stands dismissed as withdrawn. We grant liberty to the appellant to file fresh writ petition after impleading the above named workmen. We however make it clear that the impugned order of the learned Single Judge shall not come in the way for decision of the fresh writ petition. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.1041/2006 DAYANAND V/S SATYAVEER SINGH @ BILLU & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri A.N.Khan, for complainant/petitioner. Shri Kamlendra Sihag for accused respondent No.1. Shri S.K. Singodiya for accused respondent No.2. Shri Ashvini Sharma, PP, for the State. Shri Sachin Mittal, S.P., Jhunjhunu, has filed an affidavit to the effect that it is not possible for me to arrest accused respondent Dalip S/o Shri Jaila Ram. A copy of this affidavit be sent to the Director General of Police. The Directer General of Police may be asked to show as to how the court should deal with such officers. Since accused respondent Dalip S/o Shri Jaila Ram is not present, fresh warrant of arrest be issued against him. Vakalatnama filed on behalf of accused respondent Dalip S/o Shri Jaila Ram be returned back to the learned counsel. Shri Singodiya, learned counsel states in the court that Dalip has given him the Vakalatname three days back. In view view of this situation, the D.G., Police may be asked to apprise this court that how the court should proceed against such officer who states on oath that police is not in a position to nab accused Dalip whereas Dalip has appeared in this case through his counsel. Accused respondent Satyaveer Singh @ Billu S/o Sardara Ram is present in court. His presence may be recorded. Shri S.K. Singodiya, Learned counsel for accused respondent Dalip, prays for withdrawal of power filed on behalf of accused respondent No.2, Dalip. He is allowed to withdraw his power. Put up on 18.2.2008. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CR. VII SUSPENSION OF SENTENCE APPL. No.140/2008 IN D.B. CRIMINAL APPEAL No.1354/2003 Mukesh v/s State of Rajasthan 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH None present for the accused applicant. Shri Ashvini Sharma, PP, for the State. Heard learned Public Prosecutor. We see no ground to suspend the sentence awarded to the accused applicant. The application stands dismissed. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CR. MISC. 4th BAIL APPLICATION No.78/2008 IN D.B. CRIMINAL APPEAL No.783/2003 Baboo Lal v/s The State of Rajasthan 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Rakesh Kumar for accused applicant. Shri Ashvini Sharma, PP, for the State. Heard learned counsel for the parties. We see no ground to suspend the sentence awarded to the accused applicant. The application stands dismissed. Learned counsel submits that the sets of mini paper book have already been filed. Looking to the fact that the appellant has undergone more than 5 years, the registry is directed to list this case for hearing. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.1250/2008 RAMSWAROOP V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Anshuman Saxena for accused petitioner. Shri Ashvini Sharma, Dy. G.A. Learned counsel for the petitioner is directed to supply a copy of this petition to the learned Dy. G.A. who may file reply within one week. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.1247/2008 Hansraj v/s State of Rajasthan 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, Dy. G.A. The registry is directed to supply a copy of this petition to the Dy. G.A. who may file reply within one week. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.1209/2008 MANSOOR AHMED V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri V.P. Yadav, for petitioner. Shri Ashvini Sharma, Dy. G.A. Learned counsel for the petitioner is directed to supply a copy of this petition to the learned Dy. G.A. who may file reply within one week. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.1147/2008 RAMRAJ MEENA V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, Dy. G.A. The registry is directed to supply a copy of this petition to the learned Dy. G.A. who may file reply within one week. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL LEAE TO APPEAL No.6/2008 STATE OF RAJ. V/S BADA YUSUF @ MOHAMMAD YUSUF @ KABADI & Anr. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, PP. Leave to appeal is granted. Each of the accused respondents be summoned through bailable warrants in the sum of Rs.25,000/-. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL APPEAL No.1562/2007 RIYAZ HUSAIN & ORS V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Ms Sangeeta Khatri for appellants. Shri Ashvini Sharma, PP. On filing mini paper book that shall contain photostat copy of the relevant documents, the appeal may be listed for hearing (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.1117/2007 HARDEVI V/S STATE OF RAJASTHAN & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Neeraj Gaur for accused petitioner. Shri Ashvini Sharma, PP. One week's time is granted to the learned counsel for the petitioner to do the needful. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.416/2007 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Y.K. Sharma for accused petitioner. Shri Ashvini Sharma, PP. One week's time is granted to the learned counsel for the petitioner to do the needful. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL APPEAL No.1072/2006 SUNIL DHAWAN & Ors. V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Nsa Sangeeta Khatri for appellants. Shri Ashvini Sharma, PP. Heard learned counsel for the parties. An application has been filed to allow the appellants to file mini paper book. The application is allowed. On filing mini paper book that shall contain photostat copy of the relevant documents, the appeal may be listed for hearing. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- DB Second Cr.Misc. Appl. for Susp.of Sentence No.139/08 in D.B. CRIMINAL APPEAL No.1043/2006 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri S.R. Bajwa, Sr. Adv., with Shri Nitin Jain for accused applicant. Shri Ashvini Sharma, PP Heard learned counsel for the parties. We see no ground to change our earlier view. The application stands rejected. It is contended by the learned Sr. Adv. that the deceased expired after 7 days of the incident and the FIR was lodged after 8 days and the cause of death was septicemia. He contended that the mini paper book has already been filed. In the circumstances, the registry is directed to list the case for hearing. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.107/2005 CHHOTU RAM MEENA V/S STATE OF RAJASTHAN & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri R.R. Sharma for the petitioner Shri Kamlendra Sihag for accused respondents. Shri Ashvini Sharma, PP. It is contended by the learned counsel for the petitioner that the applicant in this revision petition is an old man of 80 years and this revision petition was filed as back as in 2005, therefore, it may be heard at an early date. The prayer of the petitioner appears reasonable. It is, therefore directed that on filing mini paper book that shall contain the photostat copy of the relevant documents, the registry may list the case for hearing. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.1250/2008 RAMSWAROOP V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Anshuman Saxena for accused petitioner. Shri Ashvini Sharma, Dy. G.A. Learned counsel for the petitioner is directed to supply a copy of this petition to the learned Dy. G.A. who may file reply within one week. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL APPEAL No.223/2004 LALA @ NARESH V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri B.R. Rana for accused appellant. Shri Ashvini Sharma, PP It is contended by the learned counsel for the appellant that mini paper book has already been filed and the appellant has under the sentence for a period of 5 years. The registry is directed to list the case for hearing. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL APPEAL No.673/2003 SURESH & Ors V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH None present for the appellants. Shri Ashvini Sharma, PP. This case has already been listed. Therefore, application for early hearing stands rejected. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.568/08 Vijay Pal v/s State 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, Dy. G.A. Heard the learned Dy. Government Advocate. It appears that earlier the petitioner was absconded from police custody and a case u/s 224 IPC was registered against him. Looking to this fact, the petitioner is not entitled to parole. The writ petition (parole) is dismissed. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.880/2008 Harji Ram & Anr. V/s State 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, Dy. G.A. It is contended by the learned Dy. Government Advocate that the petitioner has been released on parole and in this view of the matter, this petition has become infructuous. The petition is dismissed as infructuous. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION No.873/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri V.P. Yadav for the petitioner. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.876/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH None present for the petitioner. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.877/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH None present for the petitioner. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.878/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH By Post. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.881/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH By Post. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.1226/2007 BADNI V/S SHRI ROSHAN & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Suresh Sahni for accused petitioner. Shri Ashvini Sharma, PP. It is contended that co-accused in other trial have been convicted and sentenced but in the instant matter, the learned trial Judge ignored this fact as well as the statement given by Badni. `Let accused respondents Shri Roshan and Shri Babu be summoned through non-bailable warrants. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISON PETITION No.1008/2007 VEER SINGH V/S SMT. MINAKSHI & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri R.S. Sharma for accused petitioner. Shri Ashvini Sharma, PP Heard. Admit. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL LEAVE TO APPEAL No.22/2008 STATE OF RAJ. V/S SMT. MINAKSHI & Anr. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashvini Sharma, PP. Leave granted. The accused respondents Smt. Minakshi and Vikram be summoned through bailable warrants in the sum of Rs.25,000/-, each. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.1358/2007 DHARAMPAL V/S STATE OF RAJ. & Anr. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Kamlendra Sihag for petitioner. Shri Ashvini Sharma, PP. Learned counsel for the petitioner is directed to inform this court in black and white as to whether the leave to appeal has been preferred by the State of Rajasthan against the impugned judgment. List this case after one week. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.4141/2007 SANJAY V/S STATE OF RAJASTHAN 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH None present for the petitioner. Shri Ashvini Sharma, Dy. G.A. Let the Superintendent of Police, Ajmer, be asked to file an affidavit as to whether the Police Station Civil Line Ajmer is in a position to nab the accused against whom FIR is registered. A copy of this order be remitted to the S.P., Ajmer and even file the affidavit on or before Feb. 19, 2008. List this case on 19.2.2008. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION No.228/2008 CHHITAR MAL V/S STATE OF RAJASTHAN & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Anshuman Saxena for petitioner. Shri Ashvini Sharma, Dy. G.A. Heard learned counsel for the parties and scanned rule 6 of the Rajasthan Prisoners Open Air Camp Rules, 1972. In Ishwar & Ors v/s the State of Rajasthan & Ors, decided on August 23, 2007, we issued the following directions : “For these reasons, we direct the State to firstly carry out a survey and to collect data with regard to the number of prisoners who are eligible for being transferred to the Camps. Secondly, to establish Camps at each district headquarter for transferring the eligible prisoners. Thirdly, to ensure that the meeting of the Advisory Committee should take place at least twice in a year to ensure the timely transfer of the eligible prisoners to the Camps. This has to be on- going process in order to ensure that the eligible prisoners are transferred as and when their turn comes. This exercise should be carried out within a period of one year from the date of this order. The State is further directed to consider the cases of the petitioners in accordance with the Rules. Those prisoners, who are found to be eligible under the Rules, should be transferred and adjusted forthwith in the Camps already existing. The State is expected to fulfill this judgment both in spirit and in letter.” The petitioner in the instant case has served imprisonment for a period of 9 years, 3 months and 29 days and it appears that seniority list of 352 prisoners is drawn wherein the petitioner is at S.No.189. In this situation, the respondents are directed to consider the case of the petitioner when his turn comes. The petition stands disposed of as indicated above. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.830/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH By Post. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION (PAROLE) No.831/2008 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH By Post. Shri Ashvini Sharma, Dy. G.A. One week's time is granted to file reply. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CIVIL WRIT PETITION No.6462/2007 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Suresh Sahni for the petitioner. Shri R.P.Agarwal on behalf of Shri B.P. Agarwal, Advocate General On behalf of Shri B.P. Agrwal, A.G., a prayer has been made that he shall appear in this court on Feb 14, 2008. List this case on 14.2.2008 (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/- D.B.CRIMINAL REVISION PETITION No.815/2007 SMT. DHANPATI V/S SOMDUTT @ GADRU & Ors. 11.2.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri P.P. Mathur for the petitioner. Shri Ashvini Sharma, PP. Heard learned counsel for the petitioner, learned Public Prosecutor and scanned the material on record. Admittedly, the petitioner who is wife of the deceased did not support the prosecution story and was declared hostile. The learned Addl. Sessions Judge (Fast Track), Kishan-Garh Bas, District Alwar, has considered the statements of the petitioner as well as the deceased mother and daughter of the petitioner. In the detailed judgment, the evidence adduced at the trial has been considered and it was indicated that the statements of witnesses were recorded after 20 days of the incident and circumstance of last seen could not be established. The learned Addl. Sessions categorically observed that there were snaps in the change of circumstantial evidence. Petitioner Dhanpati Devi submitted a typed report on Oct. 10, 2005 at P.S. Mundawar in which she named Nemi Chand (Sarpanch), Somdutt, Hukamchand, Dharamveer and Suresh Chand as assailants but at the trial, she deposed that she never incorporated the names of assailants in the typed report. Learned trial Judge, in view of the fact that petitioner Dhanpati did not name the accused respondents, acquitted them. We see no illegality in the impugned judgment of the learned trial court. The revision petition being devoid of merit, stands dismissed. (Guman Singh), J. (Shiv Kumar Sharma),J. Chauhan/-