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Motiya @ Ammichand vs. State of Rajasthan

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Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 189 [Corresponding Sec. 169 of Cr.P.C., 1973]–Application for discharge–Dismissal of–Petitioner is a visually impaired person–Upon re-investigation by IPS Trainee Officer, it was found that the petitioner did not commit the offence alleged and, therefore, he is liable to be exonerated–Trial Court dismissed the application u/s. 169 on technical ground that the re-investigation was not conducted with the permission of Court–Upon perusal of the material on record, it appears that the petitioner was falsely implicated–Impugned order is liable to be quashed and set aside–Petitioner is liable to be released forthwith.