[2026:RJ-JP:3865] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2269/2021 Rajesh Patel S/o Shri Madan Lal Patel, Aged About 38 Years, R/o Village Shah, Tehsil Kumher, District Bharatpur, Rajasthan. Currently Residing At Plot No. 268, Satluj Appartment, Pratap Nagar, Jaipur, Rajasthan. ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Surendra Sharma, Adv. For Respondent(s) : Mr. Rhishiraj Singh Rathore, PP and Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/01/2026 1. The present petition has been filed under Section 482 of Cr.P.C. challenging the order dated 04.07.2019, whereby the trial Court dismissed the petitioner's protest petition, stating that the Final Negative Report was accepted on 25.04.2018 and there is no provision under the erstwhile Cr.P.C. for the Court to review its own order. 2. It is contended by learned counsel for the petitioner that the petitioner could not mark his presence before the trial Court on 15.02.2018 and thereafter on 24.05.2018 and consequently, the negative final report was submitted. It is further contended that the petitioner thereafter moved an application for recalling the order dated 25.04.2018 before the trial Court, however, the trial Court vide impugned order dated 04.07.2019 dismissed the [2026:RJ-JP:3865] (2 of 3) [CRLMP-2269/2021] application. It is also contended that fair opportunity of hearing was not given to the petitioner to protest against the negative final report submitted by the Investigating Officer, therefore, the present petition may be allowed and the order dated 04.07.2019 may be set aside and the petitioner may be allowed to submit his protest petition before the concerned Court. 3. Learned Public Prosecutor has vehemently opposed the present petition. It is contended that the petitioner was given ample opportunity to file the protest petition, however, the petitioner remained absent on 15.02.2018 and subsequently, on 24.05.2018 and thereafter the Final Negative Report was accepted vide order dated 24.05.2018. It is further contended that instead of challenging the said order before the Competent Authority, the petitioner filed an application for recalling the impugned order before the concerned Magistrate under Section 362 of Cr.P.C. (Now Section 403 of BNSS), which was dismissed by the learned Magistrate while observing that the Magistrate is not empowered to recall its own order and the concerned Magistrate rightly dismissed the protest petition filed by the petitioner. It is further argued that the present petition was filed at a belated stage and was submitted in the year 2021, therefore, considering the aforesaid facts, the instant petition may be dismissed. 4. Heard and perused the material available on record. 5. It is apparent that the petitioner himself was not vigilant about his rights and failed to appear before the concerned Court despite being granted two opportunities to file a protest petition. In such circumstances, the Magistrate rightly dismissed the application for recalling the order dated 25.04.2018 on the ground [2026:RJ-JP:3865] (3 of 3) [CRLMP-2269/2021] that under Section 362 of the Cr.P.C., the Magistrate is not empowered to recall its own order, therefore, considering the above facts, I do not find any infirmity or illegality in the impugned order dated 04.07.2019. 6. Accordingly, the instant criminal miscellaneous petition is devoid of any merit and is hereby, dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-23