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2025 DAILYLAW 23991 (RAJ)

PRAHLAD KUMAR SAINI S/O SHRI DURGA LAL SAINI v. STATE OF RAJASTHAN

CRLMP/4078/2025 · 2025-08-06

Sudesh Bansal

Special Leave Petitionbody2025

Judgment text

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[2025:RJ-JP:30334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4078/2025 Prahlad Kumar Saini S/o Shri Durga Lal Saini, Aged About 36 Years, R/o 84, Dhava Ki Dhani, Badharna Road, Harmada, Jaipur (Rajasthan). ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Kamlesh Saini S/o Satyanarayan, R/o Borala Ki Dhani, Road No. 14, VKI Jaipur, Vishwarkarma, Jaipur (West), Rajasthan. ----Respondents For Petitioner(s) : Mr. Atul Sharma, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/08/2025 1. The submission of counsel for the petitioner is that vide order dated 01.07.2025, the Court of Additional Chief Judicial Magistrate No.3, Jaipur Metropolitan-II, has only issued direction to register one FIR in respect of congnizable offences whereagainst, accused-respondent No.2 filed revision petition. The Revisional Court, entertained the revision petition and vide order dated 02.07.2025, stayed the operation of order dated 01.07.2025, whereagainst the petitioner-complainant has filed the instant criminal miscellaneous petition. 2. Counsel for the petitioner submits that the revision petition against the order dated 01.07.2025 is not maintainable and to buttress such submission, reliance has been placed on the [2025:RJ-JP:30334] (2 of 2) [CRLMP-4078/2025] judgment passed by Hon’ble Supreme Court in the case of M/S SAS Infratech Pvt. Ltd. Vs. The State of Telangana & Anr. passed in Special Leave Petition (Crl.) No.2123/2024) and HDFC Securities Ltd. & Ors. Vs. State of Maharashtra & Anr.; (2017) 1 SCC 640. 3. This Court finds that petitioner is at liberty to raise such an objection of maintainability of revision petition and for not granting any indulgence with the order dated 01.07.2025 before the Revisional Court itself where revision is pending. At this stage, no interference is warranted by this Court. 4. Accordingly, the present miscellaneous petition is disposed of with the liberty to petitioner to approach before the Revisional Court itself. (SUDESH BANSAL),J Ronak/Mohita/42