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[2025:RJ-JP:40731] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5495/2017 Surendra Kumar Kejriwal S/o Ganpat Rai Kejriwal aged about more than 78 Years, R/o A-14, Sector 19, Noida, Distt. Gaziyabad. ----Petitioner Versus
1. State of Rajasthan through P.P.
2. Chief Medical & Health Officer, Bharatpur through Food Inspector Shri G.P. Gaur. ----Respondents For Petitioner(s) : Mr. Rinesh Gupta with Mr. Sarwat Alam For Respondent(s) : Mr. Vivek Chouydhary, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 07/10/2025
1. This Criminal Miscellaneous Petition has been filed by the petitioner for quashing of proceedings in Criminal Regular Case No.363/2003 pending before the Court of Additional Chief Judicial Magistrate No.4, Bharatpur, Rajasthan as well as to quash
order dated 22.08.2012 passed by the Court of Additional Chief Judicial Magistrate No.4, Bharatpur (for short 'the trial Court') and
order dated 18.04.2017 passed by the Court of Special Judge, Dacoity Affected Area, Bharatpur (for short 'the Revisional Court').
2. It is stated by the learned counsel for the petitioner that the petitioner was holding the post of Managing Director in Raghuvar (India) Limited, Ajmer Road, Jaipur and was not at all responsible for the alleged allegations of adulteration, yet he was falsely implicated by way of filing complaint on 25.08.2003 by the Food Inspector, Jaipur under Section 7/16 of the Prevention of Food Adulteration Act, 1954.
[2025:RJ-JP:40731] (2 of 2) [CRLMP-5495/2017]
3. It is submitted that the complaint is frivolous in nature and the petitioner has got no concern whatsoever with the sample collected by the Food Inspector on 20.05.2003 and the cognizance was taken by the trial Court against the petitioner on 22.10.2003. On a specific query by the Court, learned counsel for the petitioner has responded that till date, the petitioner has never appeared before the trial Court.
4. In compliance of order dated 18.09.2025 passed by this Court, the learned Court below has submitted the status report which reveals that on account of regular non-appearance of the petitioner, he has been declared as absconder on 15.07.2017 and standing warrants were also issued.
5. Thus, the petitioner is a person, who has got least regard for the process of law and flouted the orders passed by the trial Court and has not been appearing during the hearing before the trial Court for last around 22 years. No reasonable explanation has been put forward by the petitioner for his non-appearance before the trial Court for long 22 years.
6. Under these circumstances, a person, who is adamant not to follow the process of law, cannot seek discretionary remedy under Section 482 Cr.P.C. by way of filing a Criminal Miscellaneous Petition.
7. In view of the above, this Court does not find any force in the instant Criminal Miscellaneous Petition and same is hereby dismissed.
(ANAND SHARMA),J DAKSH/42