[2025:RJ-JP:10571] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1399/2025 Ajaykrishan Taingore S/o Late Shri Maharaj Krishan Taingore, Aged About 55 Years, R/o 78/37, Joshganj, Ajay Furniture, Ajmer, Mobile No. 9694091441. ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Shriman Ayukta Mahoday, Nagar Nigam, Ajmer. 3. Shriman Upvan Sanrakshak, Mandal, Ajmer. 4. Smt. Divya Joshi (Advocate) W/o Shri Neeraj Sharma, Aged About 44 Years, R/o House No. 78/37, Joshganj, Ajay Furniture, Ajmer- 9414008485. ----Respondents For Petitioner(s) : Mr. Ajay Kumar Jain, Advocate For Respondent(s) : Mr. Naresh Gupta, Public Prosecutor Mr. Munendra Singh Fouzdar, Adv. for Mr. Rahul Lodha, Advocate Mr. Ayush Agarwal, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/03/2025 : Instant petition has been preferred by the petitioner under section 528 of B.N.S.S. 2023 against the impugned order dt.20.02.2025 passed by the Court of Additional District Magistrate & Additional District Collector (City), Ajmer, whereby the application filed by the respondent- complainant under Section 142 of Cr.P.C. was allowed while directing the petitioner to shift/deelectrify the machinery from first floor of the property in question to any other place within a period of fifteen-days. Learned counsel appearing for the petitioner submits that prior to passing of the impugned order dt.20.02.2025 an application for temporary injunction in pursuant to the aforesaid machinery/property was filed by the petitioner under Order 39 Rule 1 & 2 r/w Section 151 of [2025:RJ-JP:10571] (2 of 2) [CRLMP-1399/2025] C.P.C. before the Court of Civil Judge & Judicial Magistrate, Ajmer City (East), Ajmer. The said application was came to be allowed vide order dt.01.08.2024 while directing the respondent No.2 not to create any obstruction in the operation of small-scale cottage industry being run by the petitioner at aforesaid property. Counsel further submits that the impugned order dt.20.02.2025 has been passed without taking into consideration the order dt.01.08.2024 and, therefore, the impugned order dt.20.02.2025 deserves to quashed & set aside. Learned Public Prosecutor for the State & learned counsel appearing for the respondents have opposed the contentions raised by the learned counsel appearing for the petitioner. Heard. Perused. Looking to the facts & circumstances of the case & considering the submissions made at bar, more particularly the fact that the impugned order dt.20.02.2025 has been passed without considering the order dt.01.08.2024, this Court deems it just & proper to quash the impugned order dt.20.02.2025. Consequently, the present petition is disposed of. The impugned order dt.20.02.2025 is, hereby, quashed & set aside. The matter is remanded back to the Court of Additional District Magistrate & Additional District Collector (City), Ajmer to pass a fresh order after affording an opportunity of hearing to both the parties as well as considering the order dt.01.08.2024 passed by the Court of Civil Judge & Judicial Magistrate, Ajmer City (East), Ajmer without being influenced by any of our observations & proceed further in the matter in accordance with law. Pending application, if any, also stands dispose of. (VINOD KUMAR BHARWANI),J. ashok