[2025:RJ-JP:28725] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 9330/2022 Shekhar Agarwal S/o Ramdas Agarwal, Aged About 39 Years, R/o Plot No. B-5, Ram Marg, Shyam Nagar, Sodala, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. 3. Dr. Sunit Soni S/o Shri Gulab Chand Soni, Aged About 42 Years, R/o Plot No. 145, Medispa, Vaishali Nagar, Jaipur. Commissioner, Income Tax Department, Rajasthan Circle, Income Tax Building, Statute Circle, Jaipur ----Respondents For Petitioner(s) : Mr. Madhav Mitra, Sr. Adv. Mr. Veerendra Singh For Respondent(s) : Mr. Manvendra Singh, PP Mr. Sandeep Pathak Mr Anil Sharma Mr. Surendra Yadav, Dy. Director Income Tax (Investigation) HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/07/2025 The petitioner has preferred this instant criminal misc. petition under Section 482 of the Cr.P.C. challenging the order dated 13.09.2022, whereby the petitioner was not given any opportunity of hearing and the revision petition of the respondent No. 2 was decided. It is contended by learned counsel for the respondent No. 2, that the allegation of theft was against the petitioner and there was no reason for the court to give any opportunity of hearing to the petitioner and the order is justified as the petitioner is only claimant of the silver articles recovered. [2025:RJ-JP:28725] (2 of 2) [CRLMP-9330/2022] Mr. Surendra Yadav, Dy. Director Income Tax (Investigation) is present in person before the Court in pursuant to the order dated 21.07.2025. It is contended by learned counsel for the Income Tax Department that Department was not aware that theft was committed in the petitioner's house and said silver articles were recovered. The Department after receiving the information in the year 2021, has initiated the action as per law. Income Tax Department was not aware about the proceedings drawn by the trial court as well as Revisional Court. Heard and perused the material available on the record. Admittedly the Revisional Court has not provided any opportunity of hearing to the petitioner and the revision petition was decided without making the petitioner a party, therefore, the order dated 13.09.2022, is hereby set aside and the Revisional Court is directed to decide the revision petition after hearing the petitioner, respondent No. 2 and the Income Tax Department. Parties are directed to appear before the Revisional Court on 25.08.2025. Accordingly, the instant criminal misc. petition stands disposed of. Pending applications, if any, also stand disposed of. (PRAVEER BHATNAGAR),J ashu /33