AKIL S/O SHRI RAJJO KHAN B/C MUSALMAN v. STATE OF RAJASTHAN
CRLMA/155/2019 · 2025-10-13
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39979 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39979 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:41664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.155/2019 IN S.B. Criminal Writ Petition No.965/2018
1. Akil S/o Shri Rajjo Khan, R/o Abbas Nagar, Nagla Devjeet, Near Khan Medical Store, Nagla Gol, Agra, U.P.
2. Pappu S/o Shri Babu Khan, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra, U.P.
3. Smt. Rajiya W/o Pappu, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra, U.P.
4. Tannu D/o Shri Pappu, R/o Abbas Nagar, Kachchpura, Sartaj A Alam Public School, Abbas Nagar, Chaugan, Agra U.P.
5. Habib Khan S/o Shri Ramjani, R/o Railway Quarter, Tundla, Masjidkanagla, Indla, District Firojabad, U.P. ----Petitioners Versus
1. State of Rajasthan through P.P.
2. Smt. Sonia W/o Shri Akil, D/o Shri Salim, R/o Near Madina Masjid, Chuligate, Gangapurcity, District Sawai Madhopur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Udit Sapra on behalf of Mr. Anil Jain For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 13/10/2025
1. This Criminal Miscellaneous Application has been filed by the petitioners-applicants for seeking recall of peremptory
[2025:RJ-JP:41664] (2 of 2) [CRLMA-155/2019]
order dated 19.11.2018 passed by the Co-ordinate Bench of this Court, whereby the petitioners were directed to remove the defect(s) within a period of four weeks', failing which the S.B. Criminal Writ Petition No.965/2018 was directed to be dismissed without reference to the Court and since the order was not complied with, consequential order of dismissal was recorded by the Registrar (Judicial) on 19.01.2019.
2.
Learned counsel for the petitioners submits that only on account of bona fide inadvertence and oversight, the peremptory
order dated 19.11.2018 could not be complied with, whereas the petitioners are keen to pursue the petition on merits and the reason for non-compliance is neither deliberate, nor wilful.
3. Learned Public Prosecutor opposed the present application.
4. For the reasons mentioned in the application and in the interest of justice, the same is allowed.
5. Orders dated 19.11.2018 as well as 19.01.2019 are hereby recalled and the S.B. Criminal Writ Petition No.965/2018 is restored to its original number subject to removal of the defects by the petitioners in the S.B. Criminal Writ Petition No.965/2018 within a period of 15 days' from today.
6. Office is directed to proceed further.
(ANAND SHARMA),J DAKSH/18