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2025 DAILYLAW 21169 (RAJ)

AYUSH PATEL S/O SHRI JAINENDRA PATEL v. STATE OF RAJASTHAN

CRLMP/3522/2025 · 2025-08-14

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:31832] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3522/2025 Ayush Patel S/o Shri Jainendra Patel, Aged About 24 Years, R/o 64/174, Pratap Nagar, Sanganer, Jaipur (Rajasthan) ----Petitioner Versus State Of Rajasthan, Through The Learned Public Prosecutor. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/08/2025 1. On the previous date 30.07.2025, no one appeared on behalf of petitioner and today as well, no one has appeared, hence, miscellaneous petition is being considered on merits as per material available on record and after hearing the learned Public Prosecutor for State. 2. It appears that petitioner-complainant made a report of cyber crime to the Cyber Crime Department in respect of siphoning off of Rs.46,375/- from his account. During course of investigation, petitioner moved an application dated 18.10.2024, reporting such incident and to revert/ refund of the siphoned amount. That application came to be dismissed by the trial Court vide order dated 25.02.2025, assigning the reasons that investigation is incomplete. Thereagainst petitioner filed revision petition, which also came to be dismissed on merits vide order dated 16.04.2025. [2025:RJ-JP:31832] (2 of 2) [CRLMP-3522/2025] 3. This Court is of opinion that the trial Court has not committed any illegality, perversity and jurisdictional error in dismissing petitioner’s application at the stage of investigation, however, after conclusion of investigation, if petitioner desire, he is at liberty to move a fresh application. 4. With the aforesaid, without interference in the impugned order, instant petition stands disposed of. 5. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J RONAK JAIMAN/19