GIRDHARI LAL S/O SHRI GOPAL RAM SONI v. STATE OF RAJASTHAN
CRLW/786/2025 · 2025-06-18
Ganesh Ram Meena
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 21907 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21907 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 786/2025 Girdhari Lal S/o Shri Gopal Ram Soni, Aged About 36 Years, R/o Opp. Jobner Police Station, Jaipur, Village Kuchoraguni, Police Station Dungarh, Bikaner, House No. 227, Ganesh Nagar Vistar, Behind Kardhani Police Station, Police Station Kardhani, Jaipur. ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Petitioner in person For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA (V. J.)
Order 18/06/2025
1. The petitioner has filed an application (IA No.1/2025) for waiving the defect/s pointed out by the Registry.
2. The petitioner has filed this criminal writ petition with following the prayer.
“The impugned order 04.06.2025 passed by learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan Second may kindly be quashed and set aside. The Learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan Second may kindly be
directed to comply with the order dated 01.05.2025 passed by the Learned Additional District & Sessions Judge No.1, Jaipur Metropolitan Second”.
3. Registry has pointed out the defect that this criminal writ petition has been filed against the order dated 04.06.2025 passed by the learned Additional Chief Judicial Magistrate No.5, Jaipur
[2025:RJ-JP:23334] (2 of 3) [CRLW-786/2025] Metropolitan-II in an application filed by the petitioner seems not proper.
4. By filing the application before the learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan-II, the petitioner has made a prayer for making compliance of the order dated 06.03.2025 passed in Regular Criminal Case No.476/2015 (CIS No.5418/2014) read with order dated 01.05.2025 passed by the learned Additional District & Sessions Judge No.1, Jaipur Metropolitan-II in Criminal Appeal No.10/2025.
5. Learned Additional Chief Judicial Magistrate No.5, Jaipur Metropolitan-II vide its order dated 04.06.2025 has dismissed the application filed by the petitioner. Against the order dated 04.06.2025, the petitioner has a remedy of revision before the Court of learned Sessions Judge.
6. Apart from the fact that the petitioner has an alternative remedy of revision before the Court of learned Sessions Judge on merits also, the Court finds that until and unless the limitation for seeking remedy against the order dated 01.05.2025 passed by the learned Additional District & Sessions Judge No.1, Jaipur Metropolitan-II which is 90 days for filing the revision petition expires, no order for its compliance can be passed at this stage as it may amount curtailing the right of availing legal remedy.
7. After going through the impugned order dated 04.06.2025, this Court finds that no illegality has been committed by the Court below.
8. Hence, this Court finds no merits in this petition and accordingly the same is dismissed.
[2025:RJ-JP:23334] (3 of 3) [CRLW-786/2025]
9. However, the petitioner would be at liberty to make a fresh application before the concerned Magistrate at appropriate stage as observed by the learned Court below in its order.
10. Pending application, if any, also stands disposed of.
(GANESH RAM MEENA (V. J.)),J Ashish Kumar /211