[2025:RJ-JP:24656] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 617/2025 Kailash Chandra Goyal S/o Late Shri Jagdish Prasad Goyal, Aged About 70 Years, R/o Village Boli, Tehsil Bonli, District Sawai Madhopur, R/o Plot No. 43, Usha Colony, Malviya Nagar, Jaipur (Rajasthan). ----Appellant Versus 1. Ramesh Chandra Goyal S/o Late Shri Kedar Prasad Goyal, 2. Suresh Chandra Goyal S/o Late Shri Kedar Prasad Goyal, 3. Mahesh Chandra Goyal S/o Late Shri Kedar Prasad Goyal, 4. Dinesh Chandra Goyal S/o Late Shri Kedar Prasad Goyal, All R/o Village Boli Kotpada, Tehsil Bonli, District Sawai Madhopur. 5. Land Acquisition Officer And Addition District Collector, Sawaimadhopur, Rajasthan. 6. Smt. Sushila Bai D/o Shri Kedar Prasad Goyal, Wife Of Shri Ratan Lal Agarwal, R/o Village Pipalda, Tehsil Bonli, District Sawai Madhopur. 7. Smt. Lalita Bai D/o Shri Kedar Prasad Agarwal, W/o Shri Ashok Kumar Agarwal, R/o Purani Sabji Mandi, Near Pandya Timber Merchant, Sunaron Ka Kua, City Sawaimadhopur. 8. Radheyshyam S/o Shri Jagdish Prasad Goyal, R/o Village Bonli, Tehsil Bonli, At Present Plot No. 4, Sector-7, Malviya Nagar, Jaipur. 9. Shanti Devi W/o Shri Tarachand Agarwal (Pahadi Wale), R/o Behind Gandhi Park, Village Niwai, Tehsil Niwai, District Tonk. 10. Babulal Mittal (Husband Of Late Prem Devi, D/o Late Shri Jagdish Prasad Goyal), R/o House No. 23, Sudama Nagar, Tonk Phatak, Jaipur. 11. Rukmani Devi D/o Late Shri Jagdish Prasad Goyal, W/o Shri Radhey Shyam Agarwal, R/o Plot No. B-199, Laxminarayanpuri, Opposite Meena Petrol Pump, Jaipur (Died). 11/1. Satyanarayan [2025:RJ-JP:24656] (2 of 3) [CRLAS-617/2025] 11/2. Kamal Prasad 11/3. Mukesh Kumar 11/4. Smt. Sarla 11/5. Smt. Pushpa, All Legal Representative of Rukmani Devi, R/o Laxminarayanpuri, Opposite Meena Petrol Pump, Jaipur. ----Respondents For Appellant(s) : Mr. Sudhir Jain with Mr. Yatharth Agarwal and Mr. Parth Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/07/2025 1. Considered submissions of learned counsel for the appellant. 2. Aggrieved from order dated 14.11.2024 in Civil Misc. Case No.21/2021, the instant criminal appeal is preferred by the appellant - Kailash Chandra Goyal. 3. After considering the impugned order dated 14.11.2024, it appears that in a civil misc. case proceedings, an application under Section 340 of CrPC is filed by the present appellant and same was dismissed with liberty to raise this at the end of the proceedings. The impugned order itself indicate that the application is filed at premature stage. The law provides that a Court can take cognizance only when the Court opined commission of an offence or it affect the provision of justice. Here in this case, the Civil Misc. Case at present is at preliminary stage and too at the stage of evidence of non-applicants. [2025:RJ-JP:24656] (3 of 3) [CRLAS-617/2025] 4. In view of aforesaid, the appeal also sans merits and this petitioner-appellant is at liberty to file a separate application under Section 340 of CrPC as and when the evidence of case is concluded and the case is about to be disposed of. 5. With the aforesaid, this appeal stands disposed of. 6. Misc. application, if any, also stands disposed of. (ASHOK KUMAR JAIN),J MR/36