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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

S.B. CRIMINAL MISC. STAY APPL. NO. _____/2022

IN

S.B. CRIMINAL MISC. PETITION NO. _______/2022

1. Bheroram Sharma S/o Shri Jagannat Sharma, aged about 70 years, R/o

Sumer Nagar Vistar, H Block, Village Golyawas, Tehsil Sanganer, Jaipur.

2. Damodar Sharma S/o Shri Bheroram Sharma, R/o Sumer Nagar Vistar, H

Block, Village Golyawas, Tehsil Sanganer, Jaipur.

3. Shanti Devi W/o Shri Damodar Sharma, R/o Sumer Nagar Vistar, H Block,

Village Golyawas, Tehsil Sanganer, Jaipur.

……Applicants-Petitioners
VERSUS

1. State of Rajasthan, through Public Prosecutor.

….Respondent

2. Chagganla Gupta, S/o Chittarmal, aged about- 67 years, R/o- 60/173, Rajat

Path, Mansarovar, Jaipur, Rajasthan

……Respondent/complainant

S.B. CRIMINAL MISC. APPLICATION UNDER

SECTION 482 CR. P. C. FOR WAIVER OF DEFECT
To,
The Hon’ble Chief Justice and his other companion Judges of the
Hon’ble High Court of Judicature for Rajasthan at Jaipur Bench,
Jaipur.
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MAY IT PLEASE YOUR LORDSHIPS:

That the humble Applicant-Petitioners most humbly submit this stay application as

follows:-

1. That the Applicants-Petitioners had filed the aforesaid criminal misc. petition

challenging the fir which has been filed against them in a very frivolous manner

which is an abuse of legal process.

2. That the contents of Criminal Misc. Petition may kindly be treated as

part and parcel of this application.

3. That upon filling of Misc. Petition, the registry has pointed out a defect

with regard to non filling of certified copy of FIR which is under

challenge. It is most humbly submitted that due to prevailing

circumstances and deadlock due to non-functioning of staff etc petitioner

could not obtain certified copy of FIR despite of making all possible

efforts. The petitioner shall place certified copy of FIR as expeditiously

as possible as an when same is available. However if the matter not

heard or considered by the Hon’ble could at this stage, petitioner would

suffer irreparable loss and harassment and purpose of filling this petition

would be frustrated.

4. That thus in prevailing fact and circumstances, it is in the interest of

justice that the defect pointed out by the registry may kindly be waived

and the petition may be heard on merit while considering the

photostatcopy of FIR that has been filed.

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PRAYER

It is, therefore, humbly prayed that this application may kindly be

allowed and the defect pointed out by the registry may kindly be waived

and the petition may be heard on merit while considering the photostat

copy of FIR that has been filed.

YOUR LORDSHIPS’

HUMBLE PETITIONERS
THROUGH COUNSELS:

(SHANTANU SHARMA / ABHIJEETPANCHARIYA)

(R-154/2006) (R-1345/2016)
Mobile No.- 9828563551
ADVOCATES
Email- shantanusharma1@hotmail.com

NOTES:-
1. That pie papers were not readily available at the time of typing hence stout papers

are used.

2. That the copy of this application has already been given to the P.P.

3. That no such similar application has previously been filed in this matter.

4. That it has not been typed by any staff member of this Hon’ble Court.

COUNSEL FOR THE PETITIONERS-APPLICANTS