RAJENDRA SINGH RATHORE S/O SHRI NAND KISHORE SINGH RATHORE v. STATE OF RAJASTHAN
CRLMA/328/2025 · 2025-08-04
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25392 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25392 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 328/2025 Rajendra Singh Rathore S/o Shri Nand Kishore Singh Rathore, R/o 451, Tara Nagar-A, Jhotwara, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Durgi W/o Shri Omprakash Sanwariya, R/o 210, Gali No. 3, Tata Nagar, Shastri Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. N.S. Dhakar Mr. Tapesh Agarwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 04/08/2025 This misc. application has been filed on behalf of the complainant-applicant seeking recall of the order dated 28.03.2025 passed in S.B. Criminal Misc. Bail Cancellation Application (No.133/2024). By order dated 10.07.2024 passed in S.B. Criminal Misc. Bail Application No.7318/2024, the accused – respondent No.2 Durgi was granted benefit of pre-arrest bail. Being aggrieved with this
order, the complainant-applicant filed bail cancellation application. Vide order dated 28.03.2025, the aforesaid bail cancellation application was dismissed by this Court by a detailed order clearly observing that Section 362 Cr.P.C. would bar this Court in reviewing its final judgment and order. While dismissing the bail cancellation application, law laid down by Hon’ble Supreme Court
(2 of 2) [CRLMA-328/2025] in the case of Abdul Basit versus Abdul Kadir reported in (2014) 10 SCC 754 was also considered wherein it was held that since there exists no express provision for review of final order by a criminal court under the Code, a criminal court becomes functus officio. Now, the complainant-applicant has filed this application with almost same prayer that is to say for recalling of the order dated
28.03.2025. It manifests that by way of this misc. application, the complainant-applicant again seeks cancellation of bail granted to the accused respondent, which has already been rejected by a detailed order. It is a well settled proposition of law what cannot be done directly, cannot be done indirectly. Accordingly, no ground is made out for recalling the order dated 28.03.2025. Hence, same is dismissed.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /733