NAIN SINGH SODHA v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: FARJAND ALI
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2025-01-27. NAIN SINGH SODHA v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2025:RJ-JD:5234] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Writ Petition No. 1905/2023 Nain Singh Sodha S/o Shri Kishan Singh Sodha, Aged About 59 Years, R/o 2/145, Vidhyadhar Nagar, Jaipur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through The Joint Secretary To Government (K-3/complaint), Department Of Personnel, Government Of Rajasthan, Jaipur (Rajasthan). 2. The Transport Commissioner, Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur (Rajasthan). 3. The Deputy Superintendent Of Police, Anti Corruption Department Rajsamand. ----Respondents For Petitioner(s) : Mr Ankur Mathur For Respondent(s) : Mr. NK Gurjar, AAG, assisted by Mr. Yogendra Charan HON'BLE MR. JUSTICE FARJAND ALI Order 27/01/2025 1. Heard learned counsel for the parties. 2. The instant criminal writ petition is disposed of with the liberty to the petitioner to raise all the legal and factual grounds on the point of charge before the trial Court. 3.
The learned trial Court shall decide the issue of charge in light of the guiding principals formulated by Hon’ble the Supreme Court in the case of Union of India (UOI) vs. Prafulla Kumar Samal and Ors. reported in (1979) 3 SCC 4 and pass a reasoned speaking order whether sufficient and reasonable ground is there to presume that the petitioner committed the alleged offence and he should be forced to face the trial. [2025:RJ-JD:5234] (2 of 2) [CRLW-1905/2023] 4. The question of legality of issuance of sanction shall remain open with the petitioner to agitate during the trial at appropriate Stage. 5. Stay petition also stands disposed of. (FARJAND ALI),J 52-Samvedana/-
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