[2025:RJ-JP:48522] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7793/2025 Hiralal S/o Bhambulal (Since Deceased), Through His Legal Heirs- 1. Chiranjilal S/o Hiralal 2. Sufedi W/o Hiralal 3. Deenbandhu S/o Hiralal 4. Sheela D/o Hiralal 5. Jiyo D/o Hiralal 6.prembai D/o Hiralal All Resident Of Kirpada, Gangapur City, Sawai Madhopur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Kamlesh S/o Hazari, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 3. Bhagwandas S/o Hazari, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 4. Krishna S/o Hazari, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 5. Rajkumari D/o Hazari, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 6. Motya Wife (Widow Of) Hazari, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 7. Dayaram S/o Chittar, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 8. Vinod S/o Chittar, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 9. Chainbai D/o Chittar, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 10. Sushila D/o Chittar, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 11. Omprakash S/o Gopal, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 12. Kamla D/o Gopal, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. [2025:RJ-JP:48522] (2 of 5) [CRLMP-7793/2025] 13. Mithlesh D/o Gopal, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 14. Anita D/o Gopal, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 15. Indra D/o Gopal, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. 16. Kanti Devi D/o Mulya, Resident Of Kilpada, Gangapur City, District Sawaimadhopur, Rajasthan. ----Respondents For Petitioner(s) : Mr.Mudit Singhvi with Mr.Stephn John & Ms.Ayushi Bansal For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 28/11/2025 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 03.11.2025 by which the petitioner’s pre-charge evidence has been closed. 2. Learned counsel for the petitioner submits that a complaint was submitted by the petitioner against the accused persons before the Court of Additional Chief Judicial Magistrate, Gangapur City in the year 2018. Although certain dates were fixed for recording the pre-charge evidence of the petitioner, the aforesaid opportunities could not be availed for the reasons beyond the control of the petitioner. Hence, on 16.10.2025, a last opportunity was granted to the petitioner, subject to deposition of cost of Rs.500/- with Legal Aid and the case was posted for 03.11.2025. [2025:RJ-JP:48522] (3 of 5) [CRLMP-7793/2025] 3. Counsel submits that on account of non-receipt of the certified copy of the order dated 16.10.2025, the cost amount could not be deposited with Legal Aid within the time prescribed, and the same was deposited on 06.11.2025. Thereafter, an application was submitted by the petitioner for allowing him to record his pre-charge evidence, but this time, the application has been rejected by the learned Court below vide impugned order dated 25.11.2025. Counsel submits that in absence of the pre- charge evidence of the petitioner, the complaint submitted by the petitioner would be rejected. Hence, in the interest of justice, one last opportunity be granted to the petitioner subject to payment of some cost. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record indicates that a complaint has been filed by the petitioner before the Court below in the year 2018 and since 2018 till October, 2025, the petitioner failed to record his pre-charge evidence. Therefore, under these circumstances, one last opportunity was granted to the petitioner to deposit cost amount of Rs.500/- with Legal Aid before the next date and with this condition, the case was posted on 03.11.2025. However, the petitioner has failed to deposit the cost amount with the Legal Aid prior to 03.11.2025 and condequently, on the fateful day, i.e., on 03.11.2025, the Trial Court has closed the petitioner’s opportunity of leading pre-charge evidence. This fact is not in dispute that after passing of the aforesaid order closing the petitioner’s [2025:RJ-JP:48522] (4 of 5) [CRLMP-7793/2025] opportunity, the cost amount has been deposited by the complainant-petitioner with Legal Aid on 06.11.2025. 6. It appears that the act/ attitude of the petitioner was negligent that is why, delay has occurred in the proceedings before the Trial Court during the last 7 years. But looking to the fact that in absence of the evidence of the petitioner, there are chances that his complaint would be rejected. 7. For conducting fair trial, one last opportunity is granted to the petitioner subject to following conditions:- “(I) The petitioner would deposit a cost amount of Rs.5,000/- in the Litigants Welfare Fund within a period of fifteen days from today. The aforesaid amount would be utilised by the Trial Court for the benefit of poor and needy litigants. (II) The petitioner would plant 25 shady plants in the public vicinity in public area within a period of fifteen days from today. (III) The petitioner would submit a report in this regard with photographs and undertaking that he would take care of these plants till the plants grown up or till conclusion of the trial.” 8. The reasons for passing the present order directing the petitioner to plant 25 plants is in the interest of the public at large and for the greater public good. Planting trees as directed above, is one such initiative, which this Court considers to be appropriate, as trees, for as long as they thrive whether for decades or centuries will continuously and silently offer numerous benefits to the city and the surrounding community. Future generations will benefit from a cleaner, fresh and oxygen-rich environment. [2025:RJ-JP:48522] (5 of 5) [CRLMP-7793/2025] 9. In case, the petitioner complies with the aforesaid conditions passed by this Court, one last opportunity would be granted by the Trial Court to the petitioner for recording his pre-charge evidence by fixing a short date. Even if, the petitioner fails to appear and fails to record his evidence on the date so fixed by the Trial Court, no further opportunity shall be granted to the petitioner. 10. With the aforesaid observations and directions, the instant criminal misc. petition stands disposed of. The stay application as well as all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /1-C