For Petitioner(s) : Mr.R.K. Agarwal, Sr. Adv. assisted by
Mr.Pankaj Gupta
For Respondent(s) : Mr.Jitendra Singh Rathore, PP
Mr.Neeraj Sharma
JUSTICE ANOOP KUMAR DHAND
Order
19/03/2026
Reportable
1. By way of filing the instant criminal misc. petition, a
challenge has been made to the order dated 05.10.2018 passed
by the Additional Civil Judge & Metropolitan Magistrate No.24,
Bassi, Jaipur Metropolitan by which cognizance has been taken
against the petitioners for the offences under Sections 201, 308 &
120-B IPC.
2. Learned counsel for the petitioners submits that the
petitioner No.2 is founder member of Shri Shankar Seva Dham
Sansthan, a Society registered under the Rajasthan Societies
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Registration Act, 1959 and the same is run by a committee of
which the petitioner No.2 is the President. The Society provides
shelter homes to the mentally retarded, handicapped and
destitute persons. The said Society not only provides shelter to
the inmates but also provides all types of facilities including food,
cloths, medicines, treatments to these persons etc. The Society as
well as the petitioner No.2 is fully dedicated and devoted towards
the cause of “Sansthan” and welfare of the individuals residing
therein. Counsel further submits that the Society also has a
cremation ground attached to it for the purpose of cremation of
any persons, if they pass away while residing at the aforesaid
shelter home of the Society. Counsel further submits that several
renowned persons are Patrons and Trustees of the Society and
they have devoted their names and invaluable time towards the
upliftment of the destitute persons residing with the Society.
Counsel submits that on 12.06.2017, the petitioner No.1, being a
Driver, while providing his voluntary service to the Society, found
one Sitaram aged around 60 years in a very depleted and critical
condition on road. Under such circumstances, the petitioner No.1
took Sitaram in the ambulance and admitted him in the Society,
where he was treated. However, on account of severe weakness,
Sitaram could not survive and passed away due to
cardiopulmonary failure. Counsel submits that the treating Doctor
P.S. Kochar has also issued a certificate in this regard. Counsel
submits that thereafter, funeral of the dead body of the said
Sitaram took place at the Adarsh Nagar Mokshdham, Jaipur free of
cost. Counsel further submits that after a period of around two
months from the date of funeral, the complainant-respondent,
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who claims himself to be the brother of the deceased-Sitaram filed
a complaint against the petitioners levelloing allegation that his
brother Sitaram was in a healthy and sound condition before he
passed away and there is a possibility that the petitioners might
have taken out his organs and sold the same illegally, without
providing any information of Sitaram’s death to his brother, i.e.,
the complainant-respondent.