[2025:RJ-JP:49017] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7499/2025 Kaluram S/o Shri Babulal, Aged About 54 Years, R/o Ward No. 12, Paota, Pragpura, Jaipur Rural, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Bheemsingh S/o Jagdish Prasad, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 3. Krishna Kumar S/o Jagdish Prasad, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 4. Subhash Chand S/o Jagdish Prasad, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 5. Rajendra S/o Jagdish Prasad, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 6. Smt. Manju W/o Krishna Kumar, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 7. Smt. Bhagwati Devi W/o Shri Jagdish Prasad, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 8. Smt. Sumitra Devi W/o Shri Bheemsingh, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 9. Smt. Suman Devi W/o Shri Rajendra Jat, R/o Ward No. 12, Paota, Tehsil Kotputli, Jaipur, Rajasthan. 10. Ravindra @ Jaisingh S/o Shri Jagdish, R/o Bhabru Thana, Shahpura, District Jaipur. ----Respondents For Petitioner(s) : Ms. Rabiya Mateen Mr. Sehban Naqvi For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 [2025:RJ-JP:49017] (2 of 3) [CRLMP-7499/2025] 1. The instant criminal misc. petition has been preferred by the petitioner with the following prayer:- “a) Issue an order or direct the learned Additional District & Sessions Judge No. 3, Kotputli to decide the Bail Cancellation Application No. 18/2024 titled as 'Kaluram vs State of Rajasthan & Ors.' in FIR No. 149/2019 registered at Police Station Pragpura, District Jaipur (Rural) in expeditious and in time bound manner preferably within one month. b) To direct the learned Additional District & Sessions Judge No. 3, Kotputli to ensure the service of Notices upon the unserved respondents in an expeditious and time bound manner within a period of one month. c) To pass any other order, directions as the Hon'ble Court deems just and proper in the facts and circumstances of the case in favour of the Petitioners.” 2. By way of filing the instant criminal misc. petition, a direction has been sought to be issued to the Additional Sessions Judge No.3, Kotputli, District Jaipur to decide the bail cancellation application submitted by the petitioner against the accused respondents. 3. Learned counsel for the petitioner submits that an application under Section 439(2) Cr.P.C. has been submitted by the petitioner against the accused respondents in the year 2023. However, inspite of passing of considerable time, till date the said application has not been decided on its merits. Hence, appropriate directions be issued to the court concerned to decide the application expeditiously. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. The order sheets enclosed with the instant petition indicates that some of the accused respondents have not been served as [2025:RJ-JP:49017] (3 of 3) [CRLMP-7499/2025] yet and summons have been issued to procure their appearance. But inspite of the above, they have not been served, hence, application submitted by the petitioner seeking cancellation of their bail has not been decided. 6. It is a settled proposition of law no adverse order can be passed against the person unless opportunity of hearing is provided to him. In the instant case, the respondents have not been served, hence, the application submitted by the petitioner cannot be decided in their absence. 7. Looking to the fact that, on several occasions, summons have been issued, it is expected from the Trial Court to make all possible endeavors to get the service of notice effected upon the accused persons through Superintendent of Police. In case, the respondents are served then all possible endeavors would be made by the court concerned to dispose of the pending application expeditiously. 8. Accordingly, the instant criminal misc. petition stands disposed of. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/61