DANISH HANIFI S/O SHRI JAFAR MOHAMMAD HANIF v. STATE OF RAJASTHAN
CRLMA/509/2019 · 2025-10-10
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41501 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41501 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:41289] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 509/2019 Danish Hanifi S/o Shri Jafar Mohammad Hanif, R/o 139 B, Wakf Nagar, Chambal Garden, Kota ----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Director General Of Police, Police Headquarter, Lal Kothi Jaipur, Raj.
3. Inspector General Of Police Kota Range, Kota Raj.
4. Superintendent Of Police, Kota City, Kota, Raj.
5. Investigating Officer Police Station Nayapura, Kota City, Raj. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 10/10/2025
1. The instant criminal misc. petition has been filed by the petitioner-applicant in order to make prayer for recalling the order dated 16.04.2019 passed by Co-ordinate Bench of this Court in S.B. Criminal Writ Petition No. 77/2019, whereby directions were given to learned Public Prosecutor to further direct the Investigating Officer to submit result of investigation in the form of final report before the learned Court below within a period of one month. It has been prayed in the application that the investigation may not be further carried by the present SHO, Sanjay Royal.
[2025:RJ-JP:41289] (2 of 2) [CRLMA-509/2019]
2. It is a settled proposition of law that under criminal jurisdiction, once final order has been passed, there is no scope of recalling except for clerical, typographical or arithmetical error. In the instant application, the prayer sought to be made by the petitioner-applicant is beyond the scope of clerical, typographical or arithmetical error. Hence, the prayer for recalling made by petitioner-applicant is totally misconceived.
3. Nevertheless, learned Public Prosecutor has pointed out from the reply to the application that after passing the orders sought to be recalled, investigation has been completed and charge-sheet was filed against the petitioner-applicant on
14.05.2020.
4. In view of above statement, there is no force in the application and the same is hereby dismissed.
(ANAND SHARMA),J NEERU/10