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2025 DAILYLAW 44230 (RAJ)

RAMESH CHAND GUPTA SON OF LATE SHRI BADRI NARAYAN GUPTA v. STATE OF RAJASTHAN

CRLMP/7010/2024 · 2025-11-14

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7010/2024 Ramesh Chand Gupta Son Of Late Shri Badri Narayan Gupta, Resident Of 1-B-28, Main Road, Talwandi, Kota City, District Bundi (Raj). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. R.P. Garg For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 14/11/2025 1. The instant petition has been preferred with the following prayer: “It is therefore, most humbly prayed that this Criminal Misc. Petition may kindly be allowed and the impugned FIR bearing No.203/2016 registered with Police Station Indergarh, District Bundi, may kindly be quashed and set aside. Or any other order(s) which this Hon’ble Court deems just and proper in the facts and circumstances of the case.” 2. By way of filing this petition, a prayer has been made to quash the impugned FIR No.203/2016 registered with Police Station Indergarh, District Bundi under Section 3/7 of the Essential Commodities Act. 3. Learned Public Prosecutor submits that with regard to the same prayer on earlier occasion also S.B. Criminal Misc. (2 of 3) [CRLMP-7010/2024] Petition No.933/2017 was submitted before this Court with the following praryer: “It is, therefore, respectfully prayed that this Misc. petition may kindly be allowed, impugned F.I.R. No.203/2016 dated 05/10/2016 registered at Police Station Indergarh, District Bundi (Raj.) (Annx.1) as also the investigation done in pursuant to it may kindly be quashed. Any other appropriate order or direction which the Hon’ble Court deems just and proper may also be passed in favour of the petitioner.” 4. Public Prosecutor submits that the said petition was not pressed on 03.07.2019, hence the same was dismissed as withdrawn by this Court. He submits that the successive petition with regard to the same prayer is not maintainable and the same is liable to be rejected. 5. Learned counsel for the petitioner submits that the aforesaid fact has been mentioned in para 10 of the instant petition. He further submits that at the relevant time, the Police was not proceeding further with the investigation, so under those circumstances, the petitioner did not press the petition and the same was withdrawn, hence the successive petition is maintainable. 6. Heard counsels for the parties. 7. This fact is not in dispute that with regard to the same prayer on earlier occasion also, a ciminal misc. petition bearing No.933/2017 was submitted and the same was not pressed on 03.07.2019, hence the same was dismissed as withdrawn. Perusal of the aforesaid order indicates that no liberty was sought by the petitioner to file a successive (3 of 3) [CRLMP-7010/2024] petition in future under the changed circumstances or when any cause of action arises in future. Unless and until the petition is withdrawn with the aforesaid liberty, the successive petition with regard to the same prayer is not maintainable. 8. The instant criminal misc. petition is dismissed on this count alone. The stay application and all pending applications, if any, also stand rejected. (ANOOP KUMAR DHAND),J KuD/9