[2025:RJ-JP:35851] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4345/2025 1. Chitra Goswami W/o Shri Othesh Kumar Goswami, Aged About 65 Years, R/o 303, Khwas Ji Ka Rasta, Govind Dev Ji Ki Haveli, Police Station Manak Chock Manak Chock, Jaipur, (Rajasthan). 2. Othesh Kumar Goswami S/o Late Shri Pradhumn Kumar Dev Goswami, Aged About 72 Years, R/o 303, Khwas Ji Ka Rasta, Govind Dev Ji Ki Haveli, Police Station Manak Chock, Jaipur, (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Anjan Kumar Goswami S/o Late Shri Pradhumn Kumar Dev Goswami, Aged About 75 Years, R/o 303, Khwas Ji Ka Rasta, Govind Dev Ji Ki Haveli, Police Station Manak Chock, Jaipur, (Rajasthan). ----Respondents For Petitioner(s) : Mr. Ankit Sharma for Mr. Sukhdev Singh Solanki For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/09/2025 1. Accused-petitioners, by way of filing the instant criminal misc. petition under Section 528 of BNSS, 2023, has questioned the interlocutory order dated 30.06.2025, passed in Criminal Case No. 795/2015: State Vs. Avdhesh and ors., declining to reject the criminal complaint due to not filing the list of witnesses and summons within prescribed time. 2. It appears from record that vide order dated 22.06.2015, cognizance for offences under Sections 323, 504 and 427 of IPC [2025:RJ-JP:35851] (2 of 2) [CRLMP-4345/2025] was taken against the accused-petitioners and they were ordered to be summoned. Prosecution was directed to submit list of witnesses. In pursuance thereof, prosecution submitted the list of witnesses belated, on 20.02.2020. Thereafter, accused-petitioners were summoned and they put in appearance. Acquisition of charge was read over in presence of accused persons and at the stage of prosecution evidence, accused persons moved an application, raising the issue of delay in filing the list of witnesses by the prosecution. This application has been dismissed by the trial Court vide order dated 30.06.2025, which has been impugned herein. 3. This Court finds that the trial Court has assigned reasons not to reject the criminal complaint at the stage of prosecution evidence, once the cognizance against accused petitioners was taken within time and delay in filing the list of witnesses was not found to be suffering from any malafides. The application filed by the accused-petitioners, too was belated. 4. In that view of matter, this Court is not inclined to exercise its inherent jurisdiction under Section 528 BNSS against the order dated 30.06.2025, which on its face value does not suffer from any patent illegality, jurisdictional error or lack of reasonings. The delay in filing the list of witnesses is condonable and within the jurisdiction of trial Court. 5. For such reasons, there being no force in the instant criminal misc. petition, same is hereby dismissed. 6. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J pcg/8