[2025:RJ-JP:43243] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 177/2024 In S.B. Criminal Miscellaneous Petition No. 1503/2020 Smt. Mintu Devi W/o Shri Satyaveer, R/o Village Gowali, Post Khundaina, Tehsil Chirawa, District Jhunjhunu, Presently R/o C- 35, Satya Vatika, Kartarpura, Jaipur, Raj. ----Petitioner Versus 1. State of Rajasthan, through PP 2. Richhpal Singh S/o Shree Kapoor, R/o House No. 142, Tower Enclave, Phase III, P.S. Lamvada, Distt. Jalandhar Punjab At Present Zonal Head, Zonal Office Market International, Second Floor, Civil Lines, Ajmer Raod, Jaipur. ----Respondents For Petitioner(s) : Mr. Praveen Balwada Mr. Aditya Raj For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/10/2025 1. Instant criminal misc. application has been filed by and on behalf of accused-petitioner seeking to recall the order dated 01.12.2023 and to revive S.B. Criminal Misc. Petition No. 1503/2020, stating inter alia, that investigation in FIR No. 382/2017 registered at Police Station Sadar, District Jaipur (West) has not been concluded so far. 2. It has inter alia been argued that the criminal misc. petition was filed praying for fair and impartial investigation in the FIR and [2025:RJ-JP:43243] (2 of 2) [CRLMA-177/2024] same was disposed of in the light of statement/ status report produced by the Public Prosecutor, stating that investigation has been completed and charge-sheet is likely to be submitted, but till date neither no charge-sheet has been filed nor any progress has been held in the investigation. 3. Counsel appearing on behalf of accused petitioner has argued that few subsequent developments have also accorded which are relevant to be taken into consideration in the investigation. His prayer is that if this Hon’ble Court does not agree to recall the final order dated 01.12.2023 in view of bar envisaged under Section 403 of BNSS, 2023, liberty may be granted to applicant to file a fresh petition. 4. In view above, without expressing any opinion on merits and instead of recalling of order dated 01.12.2023 to consider the grievance of petitioner, it is hereby observed that petitioner would be at liberty to file a fresh criminal misc. petition in above stated changed circumstances. 5. Accordingly, misc. application stands disposed of. (SUDESH BANSAL),J NITIN /22