[2025:RJ-JP:26854] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 276/2025 in S.B. Criminal Revision Petition No. 1006/2010 Ganesh Yadav S/o Sh. Kanhaiya Lal Yadav, R/o House No 1483 Nahargarh Ka Rasta Neemadi Ki Police Jaipur ----Petitioner Versus 1. Smt Rajkumari D/o Shri Bhagwan Das, R/o 38 Paravatiya Colony Kachi Basti Nahari Ka Naka Shastri Nagar Jaipur 2. Kum. Chanchal D/o Smt. Raj Kumari, R/o 38, aged about 27 years, Parvatiya Colony Kachi Basti, Nahari Ka Naka, Shastri Nagar, Jaipur ----Respondents For Petitioner(s) : Mr. Anjani Kumar Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/07/2025 1. Instant Criminal Misc. Application is preferred by petitioner to recall order dated 22.12.2023 in S.B. Criminal Revision Petition No. 1006/2010 whereby the revision petition is dismissed on merits. 2. Learned counsel or applicant submits that Mr. Ashish Kumar Upadhyay was not authorized to argue the matter on merits but he has argued the matter on merits and without bringing the fact of compromise and payment by petitioner on record has argued the matter, therefore, the order may be recalled and a fresh hearing be granted. 3. Heard learned counsel for the applicant. [2025:RJ-JP:26854] (2 of 2) [CRLMA-276/2025] 4. A perusal of record clearly indicate that S.B. Criminal Revision Petition No. 1006/2010 was dismissed by this Court on 22.12.2023 after considering the merits of the case. A sufficient opportunity is granted to argue the matter and after considering the argument, the matter was decided. 5. Since, this is a criminal proceeding and except under the provision of Section 403 of B.N.S.S. (362 of Cr.P.C.), no Court can alter any judgment. There is no power of review except power under Section 528 of B.N.S.S. (482 of Cr.P.C.). 6. There is no scope to recall the order under Section 403 of B.N.S.S. and there is no ground to invoke power of Section 528 of B.N.S.S., therefore, the application sans merits and liable to be dismissed. 7. In view of aforesaid, the discussion made hereinabove, the misc. application is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /63