Rajasthan High Court Weekly Roundup: March 21 To March 27, 2022

Nominal Index Ramratan Bishnoi v. The State of Rajasthan 2022 LiveLaw (Raj) 104 Smt Meena v. State, Through PP 2022 LiveLaw (Raj) 105 Salman Khan v. State of Rajasthan 2022 LiveLaw (Raj) 106 Rahul Katara v. State of Rajasthan 2022 LiveLaw (Raj) 107 Rajasthan State Road Transport Corporation Through Its Managing Director & Ors. v. Udai Singh Kumawat 2022 LiveLaw (Raj) 108 Nand Kishore & Anr. v. Saleem Khan 2022 LiveLaw (Raj) 109 Ratan Devi & Anr. v. State of Rajasthan 2022 LiveLaw (Raj) 110 T.C. Gupta v. Union of India 2022 LiveLaw (Raj) 111 Judgments/ Orders of the Week 1. [Habeas Corpus] Rajasthan High Court Directs UIDAI To Share Aadhar Details of Suspect & Minor Girl With Investigation Officer Within 7 Days For Tracing Case Title: Ramratan Bishnoi v. The State of Rajasthan Citation: 2022 LiveLaw (Raj) 104 The division bench of Rajasthan High Court directed UIDAI officials to expedite the process of providing the Aadhar details of the suspect and a minor child to the Investigating Officer. The court further directed that the aforesaid details shall be shared within seven days. Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "We, therefore, direct that the UIDAI officials shall expedite the process of providing the Aadhar details of the suspect and the corpus to the Investigating Officer and same shall be shared latest within seven days from today. " 2. Section 459 IPC Applies If Trespasser Causes Grievous Hurt Or Attempts To Cause Death Or Hurt While Trespassing: Rajasthan High Court Case Title: Smt Meena v. State, Through PP Citation: 2022 LiveLaw (Raj) 105 The Rajasthan High Court observed that Section 459 of Indian Penal Code would apply if a trespasser causes grievous hurt or attempts to cause death or grievous hurt in the course of the trespass i.e. whilst committing lurking house-trespass or house-breaking. Dr. Justice Pushpendra Singh Bhati, while allowing the petition, modified the trial court's order (for the offence U/s 458, 323, 324, 325, 307/34) to the extent of framing of charges under Section 459 IPC in place of Section 458 IPC and thereby, observed, "In this case, the accused-respondents illegal and forcibly entered the house of the complainant/petitioner, armed with lathis, sariyas and swords during night hours at about 10:15 p.m. on 31.09.2016, and inflicted grievous injuries upon the son and husband of the complainant/petitioner, while remaining in her house premises. The same constitutes house breaking, and the grievous hurt is not disputed, and thus, the applicability of Section 459 IPC is made out." 3. Trial Of Salman Khan's Deer Hunting Case Transferred To Rajasthan High CourtCase Title: Salman Khan v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 106 The Rajasthan High Court has allowed Salman Khan's transfer petition in the deer hunting case. The petitioner prayed for transfer of the criminal appeals and Arms Act appeal from the Sessions Court, primarily on the ground that they arose from the same judgment and set of facts and evidence, involving several common witnesses and overlapping allegations as in the Leave to appeal filed by the state in the High Court. The transfer petition was filed under Sections 402 and 407 of The Criminal Procedure Code, and Rule 113 of The Rajasthan High Court Rules. Dr. Justice Pushpendra Singh Bhati, observed, "Resultantly, the present petition is allowed, and accordingly, it is directed that criminal appeal No.18/2018 filed by complainant Punamchand relating to alleged offence under Wild Life (Protection) Act, 1972 and Criminal Appeal No.22/2017 relating to alleged offence under Arms Act, 1956, both pending before the District and Sessions Judge, Jodhpur District shall be transferred to this Hon'ble High Court, to be heard alongwith the Criminal Leave to Appeal No.311/2018 (State of Raj. Vs. Saif Ali Khan & Ors.)." 4. Rajasthan High Court Grants Bail To Judge Jitendra Singh Guliya & 2 Judicial Clerks Booked On Charges of Sexually Assaulting A Minor Boy Case Title: Rahul Katara v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 107 The Rajasthan High Court has granted bail to judicial officer Jitendra Singh Guliya and two judicial clerks. All the three accused are in custody for the offences punishable under section 377/34 of I.P.C. and 5/6 of P.O.C.S.O. Act. Last year, the Rajasthan High Court suspended Jitendra Singh Guliya, with immediate effect pending preliminary enquiry and contemplated departmental enquiry. An order to this effect was issued by the High Court's Registrar General, under the direction of the Chief Justice of the High Court. He was posted as Special Judge, Special Court, Prevention of Corruption Act, Bharatpur. Justice Farjand Ali, while granting bail to the accused persons, observed, "All the accused...

Rajasthan High Court Weekly Roundup: March 21 To March 27, 2022

ANIRUDH VIJAY

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