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2025 DAILYLAW 39255 (RAJ)

MAHAVEER PRASAD GUPTA S/O JAGDISH PRASAD GUPTA v. STATE OF RAJASTHAN

CRLMP/3752/2024 · 2025-07-04

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:24782] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No.3752/2024 Mahaveer Prasad Gupta S/o Jagdish Prasad Gupta, R/o Plot No.64, Ram Gali No.7, New Raja Park, Aadarsh Nagar, Jawahar Nagar, Jaipur, Rajashan. ----Petitioner Versus 1. State of Rajasthan through Public Prosecutor. ----Respondent 2. Ashok Kumar S/o Late Shri Jagdish Prasad, aged about 49 Years, R/o B-98, Janta Colony, Jaipur. ----Complainant-Respondent No.2 For Petitioner(s) : Mr. Deepak Chauhan with Mr. Harsh Joshi For Respondent(s) For Complainant : : Mr. Jitendra Singh Rathore, PP Mr. Sudhir Jain HON'BLE MR. JUSTICE ANAND SHARMA Order 04/07/2025 1. This instant petition has been filed by the petitioner feeling aggrieved by the order dated 29.05.2024 passed by the Revisional Court in Criminal Revision No.12/2024. 2. Sole grievance of the petitioner in the instant petition is that the revision petition has been decided by the Revisional Court behind the back of the petitioner, as the petitioner was not impleaded as party in the revision petition. 3. Learned counsel for the petitioner would submit that the petitioner was a necessary party in the revision petition, yet he has not been impleaded as party to the petition, which has caused [2025:RJ-JP:24782] (2 of 2) [CRLMP-3752/2024] him prejudice as the order has been passed against him in violation of the principles of natural justice. 4. Learned counsel for the respondent No.2 would submit that he has got no objection, in case the matter is remanded back to the Revisional Court, where the respondent No.2 would implead the petitioner as party. However, the Revisional Court may be directed to decide the revision petition in an expeditious manner. 5. In view of above, where the impugned order dated 29.05.2024 has been passed in the absence of the petitioner and without impleading the petitioner as the party to the revision petition, apparently failure of justice has been caused to the petitioner, therefore without entering into the merits of the order dated 29.05.2024, the same is hereby quashed with the direction to the Revisional Court to decide the revision petition afresh within a period of three months from the date of receipt of this order, after hearing all the affected parties. 6. Petitioner as well as respondent No.2 is also directed to appear before the Revisional Court on 15.07.2025 and respondent No.2 shall file one amended cause title in the revision petition after including the name of petitioner in the array of non- petitioners. 7. In view of above, the criminal miscellaneous petition shall stand disposed of. 8. All pending applications as well as stay application shall also stand disposed of. (ANAND SHARMA),J DAKSH/185