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2025 DAILYLAW 24333 (RAJ)

KAPIL JAISWAL S/O SHRI RAMPRATAP JAISWAL v. STATE OF RAJASTHAN

CRLMA/276/2021 · 2025-08-22

Ashutosh Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 276/2021 In S.B. Criminal Miscellaneous Petition No. 2924/2021 Kapil Jaiswal S/o Shri Rampratap Jaiswal, R/o Bhawani Mandi, District Jhalawar (Rajasthan). ----Accused-Applicant Versus 1. State Of Rajasthan, Through P.P. 2. Dheeraj Patidar, District President Patidar Society Jhalawar (Rajasthan). ----Respondents For Petitioner(s) : Mr. Gajveer Singh Rajawat, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Mr. Gaurav Gupta, Asst. G.A. Mr. Arnav Singh, Adv. for Mr. Sandeep Pathak, Adv. for respondent No.2 HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 22/08/2025 1. This Criminal Miscellaneous Application under Section 482 of Cr.P.C. has been filed seeking recalling of order dated 24.08.2021 passed by Co-ordinate Bench of this Court. 2. Learned counsel for the applicant submits that S.B. Criminal Miscellaneous Petition No.2924/2021 was filed for quashing of FIR No. 53/2021 registered at Police Station Kotwali, Jhalawar for the offences punishable under Sections 420, 406, 467, 468 & 379 of IPC. [2025:RJ-JP:33368] (2 of 2) [CRLMA-276/2021] 3. On 24.08.2021 following order was passed by Co-ordinate Bench of this Court:- "1. Learned Public Prosecutor submits that FR has been submitted in the matter. 2. Accordingly, the petition is dismissed as having become infructuous." 4. Learned counsel for the applicant submits that on the basis of the report submitted by learned Public Prosecutor after investigation of the impugned FIR, negative final report has been filed and therefore, the petition was dismissed being infructuous. Learned counsel further submits that now after change of Investigating Officer, further investigation was done and as per the report dated 17.10.2021 submitted by learned Public Prosecutor, charge-sheet against the petitioner has been proposed to be filed in the Court for the offence punishable under Section 420 of IPC. Therefore, the order of dismissing S.B. Criminal Miscellaneous Petition No. 2924/2021 be recalled and the petition be heard and disposed of on merits. 5. Learned counsel appearing on behalf of the respondent No.2 has no objection. 6. In that view of the matter, this application is allowed. Order passed in S.B. Criminal Miscellaneous Petition No. 2924/2021 dated 24.08.2021 is recalled and the petition is restored to its original number. 7. Office to proceed. (ASHUTOSH KUMAR),J Mohita /37