[2026:RJ-JP:31585] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 93/2026 In S.B. Criminal Misc. Petition No.3188/2013 CNR: RJHC020160152026 | URN: CRLMA / 223U / 2026 Rameshchand S/o Hanuman @ Tundaram, R/o Village Gudaman, P.S. Kalwar, Dist. Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Bhagwan Sahai S/o Nandaram, R/o Village Gudaman, P.S. Kalwar, Dist. Jaipur. 3. Jagdish S/o Nandaram, R/o Village Gudaman, P.S. Kalwar, Dist. Jaipur. 4. Mohan Lal S/o Nandaram, R/o Village Gudaman, P.S. Kalwar, Dist. Jaipur. ----Respondents For Petitioner(s) : Mr. Sampat Lal Songara For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/08/2026 1. Instant misc. application is preferred by petitioner to restore misc. petition No.3188/2013, which was dismissed for want of prosecution on 13.01.2026. 2. Learned counsel for petitioner submits that due to his illness, he could not appear on 13.01.2026 to argue the matter. He submitted that he is ready to argue the matter today if same is restored by this Hon'ble Court. He also prayed that there will be injustice with applicant, if the matter is not restored. 3. Heard learned counsel for petitioner and learned Public Prosecutor. Perused the material placed on record. [2026:RJ-JP:31585] (2 of 2) [CRLMA-93/2026] 4. A misc. petition under Section 482 of Cr.P.C. is filed petitioner-complainant Rameshchand on 21.08.2013, and it was dismissed for non-prosecution on 13.01.2026. Instant restoration is filed on 12.02.2026. 5. No doubt about the fact that learned counsel for petitioner has filed his own affidavit in support of the present application for restoration. The fact narrated in application indicate that on 13.01.2026 due to sudden dysentery (loose motion), the counsel could not appear and the matter was dismissed. 6. The material on record indicate that on 11.09.2025, when this matter was adjourned at request of learned counsel for petitioner, it was made clear that no further adjournment shall be given. The matter was listed on 13.01.2026, and same was dismissed for non-prosecution. 7. The previous order-sheets also indicate that for one or the other reason, when the matter was listed, same has been adjourned. The misc. petition has remain pending for last 12 years and in the 13th year, it has been dismissed for want of prosecution. 8. The matter remained pending for more than 10 years and at no point of time, it has been argued, therefore, the ground for restoration is not sufficient and we are not inclined to restore the matter. 9. In view of aforesaid, the restoration application is hereby dismissed with pending application, if any. (ASHOK KUMAR JAIN),J 12/GAURAV