MANOJ KUMAR S/O SH. RAM KUMAR v. STATE OF RAJASTHAN
CRLMP/3964/2025 · 2025-09-15
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23484 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23484 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37396] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3964/2025 Manoj Kumar S/o Sh. Ram Kumar, Aged About 44 Years, R/o D- 1/72, First Floor, Rohini Sector 11, North- West, Delhi- 110085. ----Petitioner Versus
1. State of Rajasthan, through P.P.
2. Sajjan Kumar S/o Sh. Suresh Kumar, Aged About 36 Years, R/o Gram Sanoli, Tehsil Mundawar, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vikash Kumar Jakhar For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/09/2025
1. Petitioner-accused has filed instant petition under Section 528 of the BNSS, 2023, impugning the order dated 06.06.2025 passed by the Civil Judge and Judicial Magistrate, Mundawar, District Alwar, dismissing his objection of not filing a list of witnesses and affidavits of witnesses by the complainant in support of complaint under Section 138 of the NI Act.
2. From bare perusal of the order dated 06.06.2025 shows that the trial Court has considered that such an objection was taken at the stage of defense evidence, that too after obtaining 10 opportunities.
3. In view of above, this Court finds that the petition is clearly an abuse of process of law and is misconceived, however, counsel for petitioner prays for withdrawal of the petition.
4. Accordingly, instant petition is dismissed as withdrawn.
5. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J NITIN /5