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2025 DAILYLAW 39102 (RAJ)

SIYA RAM v. STATE OF RAJASTHAN THROUGH PP

CRLMP/3851/2015 · 2025-07-02

Anand Sharma

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 407/2025 1. Ramjeevan Son Of Late Shri Kalu, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 2. Ramjilal Son Of Late Shri Kalu, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 3. Shyamlal Son Of Late Shri Kalu, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 4. Lallu @ Pappu Son Of Late Shri Kalu, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 5. Satyanarayan Son Of Shri Ramjeevan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 6. Shankarlal Son Of Shri Kailash, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 7. Ramprashad Son Of Late Shri Kalu (Deceased), Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 8. Lalchand Son Of Late Shri Ramprashad, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 9. Vinod Son Of Late Shri Ramprashad, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 10. Smt. Devki Daughter Of Late Shri Ramprashad Wife Of Shri Vinod, Village Bhajupura, Tehsil Bassi, District Jaipur. 11. Smt. Mamta Wife Of Shankarlal, Daughter Of Late Shri Ramprashad, Resident Of Village Dudli, Tehsil Bassi, District Jaipur. 12. Guddi Wife Of Deendayal, Daughter Of Late Shri Ramprashad, Resident Of Village Rajpura, Tehsil Bassi, District Jaipur. ----Petitioners (2 of 4) [CRLMP-407/2025] Versus 1. State Of Rajasthan, Through P.p. 2. Station House Officer, Police Station Kotkhawda, Jaipur South. 3. Hajarilal Son Of Shri Bhorilal, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 4. Ramjilal Son Of Shri Bhorilal, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 5. Ramavtar Son Of Shri Sitarma, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 6. Banwari Son Of Shri Jagdish, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 7. Harinarayan Son Of Shri Jagdish, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 8. Chiranjilal Son Of Shri Ramdhan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 9. Girraj Son Of Shri Ramdhan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 10. Bajrang Son Of Shri Ramdhan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 11. Shivsahay Son Of Shri Ramdhan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 12. Satyanarayan Son Of Late Shri Kailash (Deceased), Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 13. Radhamohan Son Of Late Shri Satyanarayan, Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 14. Smt. Gayatri Devi Wife Of Late Shri Satyanarayan, (3 of 4) [CRLMP-407/2025] Resident Of Village Shyampura, Police Station Kotkhawda, Tehsil Kotkhawda, District Jaipur. 15. Smt. Sunita Wife Of Shri Subhash, Resident Of Village Arniya Kalan, Tehsil Ramgarh, District Dausa. 16. Smt. Seema Wife Of Shri Harishankar, Resident Of Village Achalpura, Tehsil Kotkhawda, District Jaipur. ----Respondents For Petitioner(s) : Mr. Prahlad Sharma & Mr. Ram Prasad Sharma For Respondent(s) : Mr. Shyogi Ram Sharma HON'BLE MR. JUSTICE ANAND SHARMA Order 02/07/2025 By way of filing the instant petition under Section 528 of BNSS, the petitioners has challenged the order dated 08.01.2025 passed by learned Additional Sessions Judge No.11, Jaipur Metropolitan I, Headquarter Sanganer in Criminal Revision Petition No. 70/2023 whereby earlier order dated 26.05.2020 passed by the Sub-Divisional Magistrate, Chaksu in case No. 04/2020 has been quashed. The petitioners has prayed for restoring the order dated 26.05.2020 passed by the SDM. Counsel for the parties have not disputed the fact that the order dated 26.05.2020 was simply an interim order and the main proceedings are still pending under Section 145 Cr.P.C before the Court of Additional District Magistrate, Jaipur South, as the matter was transferred from the Court of SDM, Chaksu to the Court of ADM, Jaipur South. Learned counsel for the respondents submits that the land in question is already the subject matter of civil litigation and submits that (4 of 4) [CRLMP-407/2025] the order dated 26.05.2020 was illegally passed by learned SDM in his absence. However, both the learned counsel for the parties have consented that learned ADM, Jaipur South may be directed to decide the main case No. 04/2020 at the earliest and till then status in respect of the land in question, as obtaining today, may be directed to be maintained. In the light of above and with the consent of both the parties, it would be appropriate to direct the Additional District Magistrate, Jaipur South to finally decide the case No.04/2020 expeditiously after providing complete opportunity of hearing to both the parties. In case any of the party does not cooperate in the hearing, learned ADM, Jaipur South shall be at liberty to pass final order in his absence. The proceedings pending before the ADM, Jaipur South shall be decided expeditiously but not later than two months from the date of receipt of the instant order. In view of above directions, criminal misc. petition stands disposed of. (ANAND SHARMA),J NEERU/224