[2025:RJ-JP:1976] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 812/2019 Dr. Saroj Vijayvargiya W/o Dr. Sushil Vijayvargiya, Aged About 62 Years, R/o City Road Madanganj, Kishangarh, Dist. Ajmer ----Petitioner Versus 1. The State Of Rajasthan, Through PP 2. Ajay Singh Chauhan S/o Shri Sumre Singh Chauhan, R/o Naya Shahar Kishangarh Dist. Ajmer Raj. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 15/01/2025 1. Instant petition has been preferred for recalling the order dated 13.12.2011 passed by this Court in S.B. Criminal Misc. Petition No. 2035/2007 as well as the order dated 12.12.2008 passed by this Court in S.B. Criminal Revision Petition No. 67/2008 in light of the order passed by the Hon'ble Apex Court in the case of Dr. V.K. Jain Vs. State of Raj. decided by the Hon'ble Apex Court in S.B. Criminal Appeal No. 531/2010. 2. Perusal of the record indicates that cognizance was taken against the petitioner under Section 304-A of IPC, against which the petitioner preferred a revision petition, however, the same was rejected by the Revisional Court against both the orders. The petitioner approached this Court by way of filing S.B. Criminal Revision Petition No. 67/2008, however, the same was rejected by this Court vide order dated 12.12.2008. Subsequently, one more [2025:RJ-JP:1976] (2 of 2) [CRLW-812/2019] petition i.e. S.B. Criminal Misc. Petition No. 2035/2007 was filed however, the same was also rejected by this Court vide order dated 13.12.2011. 3. Once the order of taking cognizance has been upheld not only by the Revisional Court but also by this Court on two different occasions, there is no reason available with this Court to recall the aforesaid order under Section 362 Cr.P.C. as no such power lies within the said provision. Under Section 362 Cr.P.C., only error either clerical or mathematical, can be corrected, and the orders passed on merits cannot be recalled. This Court finds no merit and substance in this petition for recalling of the aforesaid order passed by this Court. 4. Accordingly, this criminal petition is dismissed. (ANOOP KUMAR DHAND),J NEERU /63