Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 33438 (RAJ)

JAGANNATH S/O SHRI CHHOTURAM v. STATE OF RAJASTHAN

CRLMP/7853/2024 · 2025-08-11

Sudesh Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31135] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7853/2024 Jagannath S/o Shri Chhoturam, Aged About 65 Years, R/o Ward No. 29, Srimadhopur, P.s. Srimadhopur, District Neemkathana, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Smt. Bhagoti Devi D/o Shri Deeparam, R/o Dhani Tiwadi Ki Tan Dhalyawas, P.S. Khandela, District Sikar (Rajasthan). ----Respondents For Petitioner(s) : Petitioner in person For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/08/2025 1. Petitioner is present in person and states that his marriage with respondent No.2 has dissolved way back in the year 2014, yet on her behest, criminal proceedings for offences under Section 494 IPC are going on. 2. It has been submitted that the trial Court framed the charges against the petitioner for such offence vide order dated 20.09.2016 whereagainst petitioner has preferred the Criminal Revision Petition. At present, the Revision Petition is pending before the Court of Additional District Judge, Srimadhopur. Respondent No.2 has been served and appeared in the Revision Petition, yet the hearing of Revision Petition has not been possible since long for one or another reason, not attributed to petitioner. [2025:RJ-JP:31135] (2 of 2) [CRLMP-7853/2024] 3. The prayer to stay further proceedings of trial has not been considered by the Revisional Court and stay application is yet pending. In absence of stay, trial Court is inclined to proceed with the criminal trial. 4. Taking into consideration the totality of facts and circumstances and the fact that the Criminal Revision along with stay application filed by the petitioner is pending against the order of framing of charge dated 20.09.2016 before the Additional District Judge, Srimadhopur, since 2016 onwards and service therein is complete, it is hereby directed that the Revisional Court shall proceed to hear and decide the revision petition earliest as possible or in alternative, shall pass appropriate orders on the stay application after hearing both parties. Till hearing of the stay application or revision petition, on merits as Revisional Court deems fit, the operation of order of framing of charges dated 20.09.2016 passed by the Additional Chief Judicial Magistrate No.1, Srimadhopur in criminal case shall remain stayed. 5. It is made clear that the Revisional Court shall consider the stay application or revision petition on its own merits, without being influenced by the interim order passed by this Court. 6. Accordingly, instant petition stands disposed of. 7. All pending application(s), if any, also stand disposed of. 8. A copy of this order be sent to the trial Court as well as Revisional Court for compliance. (SUDESH BANSAL),J NITIN /64