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2024 DIGILAW 1135 (SC)

Aman Maheshwari v. State of Rajasthan

2024-11-12

ARAVIND KUMAR, M.M.SUNDRESH

body2024
ORDER : 1. Leave granted. 2. We have perused the impugned judgment. While the co-accused have been exonerated, no such exoneration was granted in favour of the appellant. However, the High Court was pleased to dismiss the petition, inter-alia, holding that in view of exoneration of the co-accused, nothing survives for consideration, which is factually incorrect, insofar as the appellant is concerned. 3. In such view of the matter, we are inclined to set aside the impugned judgment insofar as the appellant is concerned, with a request to the High Court to consider the case afresh on merits, in accordance with law. All issues are left open to be raised before the High Court. 4. Needless to state that in view of the impugned judgment being set aside by us, the stay granted on the earlier occasion by the High Court shall continue till the disposal of the main petition by the High Court. 5. The appeal stands allowed accordingly. 6. Pending applications, if any, shall stand disposed of.