HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7215/2018
Vijay Kumar Sharma S/o Shri Bhagwansahay Sharma B/c Brahmin
State Of Rajasthan Through Pp and another
For Petitioner(s) : Mr. Gopal Singh Bareth
For Respondent(s) : Mr. N.S. Dhakad, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
The learned counsel appearing for the petitioner contends
that regarding possession of the shop, in question, there is on-going
litigation between the parties and the petitioner had earlier lodged two
F.I.Rs. Counsel further contends that the complainant, being a lady has
alleged that the petitioner trespassed into the shop in her possession
and suddenly, lost control and caught hold of her hand and gave
Counsel appearing for the petitioner submits that the
Investigating Agency having come to a conclusion that the petitioner is
in possession of the shop, has not added offence of trespass against the
petitioner. Counsel further submits that from the facts and
circumstances of the case, it is apparent that the petitioner had no
intention to outrage the modesty of the woman and if on the spur of the
moment regarding the dispute over possession hand of the complainant
was caught, no offence punishable under Section 354 I.P.C. is made
out. Lastly, counsel contends that offence punishable under Sections
(2 of 2) [CRLMP-7215/2018]
323 and 504 I.P.C. are bailable and offence punishable under Section
354 I.P.C. is non-bailable.
Issue notice to the respondents, for 22.01.2019.
Meanwhile, the Investigating Agency shall not proceed
against the petitioner, qua offence punishable under Section 354 I.P.C.
Investigation may continue, qua other offences.
List on 22.01.2019.
(KANWALJIT SINGH AHLUWALIA),J
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