PIRARAM MALI SON OF SHRI JAVANARAM v. STATE OF RAJASTHAN
CRLMP/1560/2025 · 2025-05-23
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40866 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40866 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:21771] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1560/2025 Piraram Mali Son Of Shri Javanaram, Through Proprietor M/s Ram Krishi Bhandar, Rani Wada Road, Sanchore- 343041. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Tijariya Poly Pipes Ltd., S.p 1-2316, Ramchandrapura Industrial Area, Sitapura Extension, Tonk Road, Jaipur, Rajasthan Office- 110, Krishna Square, Subhash Nagar, Jaipur Through Director Vikas Tijariya. ----Respondents For Petitioner(s) : Ms. Nidhi Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 23/05/2025
Learned counsel for the petitioner has submitted that the petitioner is aggrieved of the order dated 12.02.2025, whereby, directions given by the concerned Court vide order dated 05.11.2024 for depositing 20% amount by way of Demand Draft (hereinafter referred as 'DD') were not complied by the petitioner in stipulated period. It is further submitted that DD amounting to Rs. 1,90,000/- was prepared on 31.01.2025, however, on account of ill health of the petitioner the same was sent via post on the said date. It is further submitted that concerned Court has received the said DD on 04.02.2025 which was beyond the stipulated period.
[2025:RJ-JP:21771] (2 of 2) [CRLMP-1560/2025] Further, it is submitted that the petitioner has prayed before the concerned Court to accept the same at a belated stage, but concerned Court has not accepted the said prayer stating that concerned Court has no powers to condone the said delay. Considering the facts and circumstances of the case, taking note of the fact that the DD was not presented before the concerned Court in stipulated period due to unavoidable circumstances and ill health of the petitioner, which appears to be bonafide, therefore, in the interest of justice the said delay is hereby condoned and the petitioner is directed to deposit a fresh DD, within a period of fortnight before the concerned Court. Further, concerned Court is directed to permit the petitioner to deposit the same and the same is considered to be in due compliance of the original order dated 05.11.2024. The criminal proceedings before the concerned Court are
directed to be kept in abeyance subject to compliance of the aforementioned directions, within a period of fortnight.
Accordingly, the present petition is allowed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J DEEPAK/20